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( DECLARATION OF INDEPENDENCE 


| CONSTITUTION OF THE UNITED STATES <? 
$ CONSTITUTION OF NEW JERSEY <? 


Annotated by 
CHESTER F. MILLER 


D. C. HEATH AND COMPANY 
BOSTON NEW YORK CHICAGO 

ATLANTA LONDON 



Copyright, 1925 

D. C. HEATH AND COMPANY 
2 E 5 


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Printed in the United States of America by 

J. J. LITTLE AND IVES COMPANY, NEW YORK 


JUfi-3 *25 

© Cl A 8 5 5 4 7 6 


CONTENTS 


The Declaration of Independence 
The Constitution of the United States 
The Constitution of New Jersey- 
Full Honors to Our Flag 



Independence Hall, Philadelphia, Pa. 






THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776. 

The Unanimous Declaration of the thirteen 

United States of America: 

“When in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands, which have connected them with another, 
and to assume among the powers of the earth, the 
separate and equal station to which the Laws of 
Nature and of Nature’s God entitle them, a decent 
respect to the opinions of mankind requires that 
they should declare the causes which impel them 
to the separation.—We hold these truths to be 
self-evident, that all men are created equal, that 
they are endowed by their Creator with certain 
unalienable Rights, that among these are Life, 
Liberty and the pursuit of Happiness.—That to 
secure these rights, Governments are instituted 
among Men, deriving their just powers from the 
consent of the governed.—That whenever any 
Form of Government becomes destructive of these 
ends, it is the Right of the People to alter or 
to abolish it, and to institute new Government, 
laying its foundation on such principles and organ¬ 
izing its powers in such form, as to them shall 
seem most likely to effect their Safety and Hap¬ 
piness. Prudence, indeed, will dictate that Gov¬ 
ernments long established should not be changed 


Pre¬ 
amble, 
or Intro¬ 
duction, 
Telling 
Why the 
Declara¬ 
tion Is 
Publicly 
Issued. 

Statement 
of the 
Rights of 
Men, the 
Reasons 
for Estab¬ 
lishing 
Govern¬ 
ments, 
and the 
Circum¬ 
stances 
Under 
Which 
Changes 
in Govern- 



Signing the Declaration of Independence 












THE DECLARATION OF INDEPENDENCE 


3 


for light and transient causes; and accordingly all 
experience hath shewn, that mankind are more dis¬ 
posed to suffer, while evils are sufferable, than to 
right themselves by abolishing the forms to which 
they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the 
same Object evinces a design to reduce them under 
absolute Despotism, it is their right, it is their 
duty, to throw off such Government, and to pro¬ 
vide new Guards for their future security.—Such 
has been the patient sufferance of these Colonies; 
and such is now the necessity which constrains 
them to alter their former Systems of Government: 
The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an 
absolute Tyranny over these States. To prove 
this, let Facts be submitted to a candid world.— 
He has refused his Assent to Laws, the most 
wholesome and necessary for the public good. 
He has forbidden his Governors to pass Laws of 
immediate and pressing importance, unless sus¬ 
pended in their operation till his Assent should 
be obtained; and when so suspended, he has ut¬ 
terly neglected to attend to them. He has refused 
to pass other Laws for the accommodation of large 
districts of people, unless those people would re¬ 
linquish the right of Representation in the Legis¬ 
lature, a right inestimable to them and formidable 
to tyrants only.—He has called together legisla¬ 
tive bodies at places unusual, uncomfortable, and 
distant from the depository of their public Records, 
for the sole purpose of fatiguing them into com¬ 
pliance with his measures.—He has dissolved Rep¬ 
resentative Houses repeatedly, for opposing wifi 1 
manlv firmness his invasions on the rights of the 


ment Are 
Justi¬ 
fiable. 


State¬ 
ment 
of the 
Unjust 
Acts 
of the 
King. 


4 THE DECLARATION OF INDEPENDENCE 

people.—He has refused for a long time, after 
such dissolutions, to cause others to be elected; 
whereby the Legislative powers, incapable of An¬ 
nihilation, have returned to the People at large 
for their exercise; the State remaining in the 
meantime exposed to all the dangers of invasion 
from without, and convulsions within.—He has 
endeavoured to prevent the population of these 
States; for that purpose obstructing the Laws for 
Naturalization of Foreigners; refusing to pass 
others to encourage their migration hither, and 
raising the conditions of new Appropriations of 
Lands.—He has obstructed the Administration of 
Justice, by refusing his Assent to Laws for es¬ 
tablishing Judiciary powers.—He has made Judges 
dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their 
salaries.—He has erected a multitude of New 
Offices, and sent hither swarms of Officers to 
harass our people, and eat out their substance.— 
He has kept among us, in times of peace, Stand¬ 
ing Armies without the Consent of our legislature. 
—He has affected to render the Military indepen¬ 
dent of and superior to the Civil power.—He has 
combined with others to subject us to a jurisdic¬ 
tion foreign to our constitution, and unacknowl¬ 
edged by our laws; giving his Assent to their Acts 
of pretended Legislation!—For quartering large 
bodies of armed troops among us:—For protecting 
them, by a mock Trial, from punishment for any 
Murders which they should commit on the Inhab¬ 
itants of these States:—For cutting off our Trade 
with all parts of the world:—For imposing Taxes 
on us without our Consent :—For depriving us in 
many cases, of the benefits of Trial by Ju‘ry:— 
For transporting us beyond Seas to be tried for 


THE DECLARATION OF INDEPENDENCE 


5 


pretended offences:—For abolishing the free Sys¬ 
tem of English Laws in a neighbouring Province, 
establishing therein an Arbitrary government, and 
enlarging its Boundaries so as to render it at once 
an example and fit instrument for introducing the 
same absolute rule into these Colonies:—For tak¬ 
ing away our Charters, abolishing our most valu¬ 
able Laws, and altering fundamentally the Forms 
of our Governments:—For suspending our own 
Legislatures, and declaring themselves invested 
with power to legislate for us in all cases what¬ 
soever.—He has abdicated Government here, by 
declaring us out of his Protection and waging War 
against us.—He has plundered our seas, ravaged 
our Coasts, burnt our towns, and destroyed the 
lives of our people.—He is at this time transport¬ 
ing large Armies of foreign Mercenaries to com¬ 
plete the works of death, desolation and tyranny, 
already begun with circumstances of Cruelty, 
perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the Head of a civilized 
nation.—He has constrained our fellow Citizens 
taken Captive on the high Seas to bear Arms 
against their Country, to become the executioners 
of their friends and Brethren, or to fall themselves 
by their Hands,—He has excited domestic insur¬ 
rections amongst us, and has endeavoured to bring 
on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes 
and conditions.—In every stage of these Oppres¬ 
sions We have Petitioned for Redress in the most 
humble terms. Our repeated Petitions have been 
answered only by repeated injury. A Prince, 
whose character is thus marked by every act which 
may define a Tyrant, is unfit to be the ruler of a 


State¬ 
ment 
of the 
Remon¬ 
strances 
of the 
Colonists. 


Conclu¬ 
sion—The 
Declara¬ 
tion of 
Colonial 
Indepen¬ 
dence. 


6 THE DECLARATION OF INDEPENDENCE 

free people. Nor have We been wanting in at¬ 
tentions to our British brethren. We have warned 
them from time to time of attempts by their legis¬ 
lature to extend an unwarrantable jurisdiction 
over us. We have reminded them of the circum¬ 
stances of our emigration and settlement here. 
We have appealed to their native justice and 
magnanimity, and we have conjured them by the 
ties of our common kindred to disavow these usur¬ 
pations, which would inevitably interrupt our 
connections and correspondence. They too have 
been deaf to the voice of justice and of consan¬ 
guinity. We must, therefore, acquiesce in the ne¬ 
cessity, which denounces our Separation, and hold 
them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends.—WE, THEREFORE, the 
Representatives of the United States of Amer¬ 
ica, in General Congress, Assembled, appealing 
to the Supreme Judge of the world for the recti¬ 
tude of our intentions do, in the Name, and by 
authority of the good People of these Colonies, 
solemnly publish and declare, That these United 
Colonies are, and of Right ought to be free and 
independent states ; that they are Absolved from 
all Allegiance to the British Crown, and that all 
political connection between them and the State 
of Great Britain is and ought to be totally dis¬ 
solved ; and that as free and independent states, 
they have full Power to levy War, conclude Peace, 
contract Alliances, establish Commerce, and to do 
all other Acts and Things which independent 
states may of right do. And for the support of 
this Declaration, with a firm reliance on the pro¬ 
tection of -Divine Providence, we mutually pledge 
to each other our Lives, our Fortunes, and our 
sacred Honor.” 


THE DECLARATION OF INDEPENDENCE 


7 


Only a few of the signatures on the parchment 
copy 1 are now legible. Consequently they are given 
below: 


Geo. Taylor. 
James Wilson. 

Geo. Ross. 

Caesar Rodney. 
Geo Read 
Tho M: Kean 
W m Floyd. 

Phil. Livingston. 
Arthur Middleton. 
Button Gwinnett. 
Fran s . Lewis. 

Lewis Morris. 
Rich d . Stockton. 

Jn° Witherspoon. 
Fra*. Hopkinson. 
John Hart, 

Abra Clark. 

Josiah Bartlett. 


John Hancock. 

Samuel Chase. 

W m . Paca. 

Tho* Stone. 

Charles Carroll of Carrollton. 
George Wythe. 

Richard Henry Lee. 

Th Jefferson. 

Benj a Harrison. 

Tho* Nelson jr. 

Francis Lightfoot Lee. 
Carter Braxton. 

Rob 1 Morris. 

Benjamin Rush. 

Benj a Franklin. 

John Morton. 

Geo Clymer. 

Ja s Smith. 


1 ‘There are three texts of the Declaration which may be called 
official. One is the text in what is called the ‘rough’ Journal; 
a second is the text in the ‘corrected’ Journal; a third is the text 
on parchment, the one which was signed by the members of 
Congress. The most authoritative text, one would suppose, 
should be that in the corrected Journal. Apart from spelling, 
punctuation, and capitalization, this text is the same as that in 
the rough Journal except in two instances, in each of which a 
single word is omitted from the text in the corrected Journal 
which appears in the rough Journal. That these omissions were 
not intentional seems clear from the fact that they were not 
made in the final parchment copy. The above follows the 
parchment copy except the last paragraph which is changed in 
capitalization for emphasis.” 


8 


THE DECLARATION OF INDEPENDENCE 


W m . Whipple. 

Sam 1 Adams. 

John Adams 
Rob 1 Treat Paine. 
Elbridge Gerry. 
Step Hopkins. 
William Ellery. 
Roger Sherman. 
Sam 1 Huntington. 
W m Williams. 


Oliver Wolcott. 
Matthew Thornton. 
W m Hooper. 

Joseph Hewes. 

John Penn. 

Edward Rutledge. 
Tho s . Heyward Jun r . 
Thomas Lynch Jun r . 
Lyman Hall. 

Geo Walton. 


THE CONSTITUTION OF THE UNITED STATES, 1 
AND AMENDMENTS 


“Not a dead, dull document, but the very 
substance of our freedom 

September 17, 1787 

We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, pro¬ 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

The Preamble serves to introduce the purposes 
of the Constitution by first indicating its source (the 
people rather than the states); secondly, it insures 
national unity, peace at home and while traveling 
abroad, justice in courts, personal liberty, and pro¬ 
vides for the welfare of all. 

ARTICLE I 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section I of Article I vests all legislative powers 
in Congress. Note that Section I of Article II vests 
executive power in the President and that Section I 

1 The parts italicized and in brackets throughout the Con¬ 
stitution as printed here are obsolete or no longer operative. 

9 


Pre¬ 

amble. 


Legis¬ 

lative 

Powers. 


10 THE CONSTITUTION AND AMENDMENTS 


House 
of Repre¬ 
sentatives. 


Qualifi¬ 
cations of 
Represen¬ 
tatives. 


Apportion¬ 
ment of 
Represen¬ 
tatives. 


of Article III vests judicial power in the Supreme 
Court. 

Section II. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

Since 1920 women vote the same as men. 
“Electors” means voters which now includes nearly 
all citizens over twenty-one years of age. The 
members of the House are called Congressmen. 

No person shall be a Representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 


These qualifications give us stronger candidates, 
and allow even immigrants a chance to hold office 
after seven years of citizenship. Custom requires 
a person to be a resident of the district from which 
he is chosen. 

Representatives and direct taxes shall be apportioned among: 
the several States which may be included within this Union ac¬ 
cording to their respective numbers [ which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons']. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
[and, until such enumeration shall be made, the State of New 


THE CONSTITUTION AND AMENDMENTS 11 

Hampshire shall he entitled to choose three, Massachusetts eight, 

Rhode Island and Providence Plantations one, Connecticut five. 

New York six, New Jersey jour, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South Caro¬ 
lina five, and Georgia three]. 

The clause embodying the “three-fifths rule” was 
rendered obsolete by Amendment XIV, Section 2. 

The temporary apportionment clause beginning 

and until such enumeration is made —” expired in 
1791. The first census was taken in 1790, and a 
federal census has been taken every ten years since 
that time. 

When vacancies happen in the representation from any State, Vacan- 
the Executive Authority thereof shall issue writs of election to cies, 
fill such vacancies. How 

Filled. 

If a representative dies, resigns, or is removed 
from office, the Governor of his state may call a 
special election to choose a successor. This 
guarantees equal representation to all. 

The House of Representatives shall choose their Speaker and Officers, 
other officers, and shall have the sole power of impeachment. 

The Speaker or “Chairman” of the House is 
chosen by the members every two years and has 
great power because he usually represents the party 
in control. In a case of impeachment the House 
makes the charges of misconduct in office, but the 
Senate acts as a jury and makes the decision. 

Section III. The Senate of the United States shall be com- Senate, 
posed of two Senators from each State, chosen [by the Legisla¬ 
ture thereof], for six years; and each Senator shall have one vote. 


Classifica¬ 
tion of 
Senators. 


Qualifica¬ 
tions of 
Senators. 


Vice 

Presi¬ 

dent. 


Officers. 


12 THE CONSTITUTION AND AMENDMENTS 

This paragraph is superseded by Amendment 
XVII, which provides that Senators are elected by 
direct vote of the people. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. [ The seats oj the Senators oj the first class shall 
be vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class 
at the expiration of the sixth year\ , so that one-third may be 
chosen every second year; [and if vacancies happen by resigna¬ 
tion, or otherwise, during the recess of the Legislature of any 
State, the Executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall then fill 
such vacancies ]. 

The term of a Senator is six years. This scheme 
makes the Senate a continuous body with one third 
retiring every two years. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

Qualifications for Senators are higher than those 
for representatives, as it was thought that older, 
more experienced and better prepared men should 
compose the Senate. 

The Vice President of the United States shall be President of 
the Senate, but shall have no vote unless they be equally divided. 

The Vice President presides over the Senate. He 
has practically no power, voting only in case of a tie. 

The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore, in the absence of the Vice President, or when 
he shall exercise the office of President of the United States. 


THE CONSTITUTION AND AMENDMENTS 13 


If the Vice President should be absent for any 
reason, the Senate may then choose one of its own 
members as the presiding officer. The Senate, like 
the House, makes rules for conducting its business 
and records its proceedings. 

The Senate shall have the sole power to try all impeachments. 

When sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the President of the United States is tried, the Chief 
Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

An impeachment case is similar to a grand jury 
hearing. Only “civil officers of the United States” 
are subject to impeachment. Members of the House 
and Senate are not included because they try their 
own members. President Johnson was impeached in 
1868, but the vote for conviction fell short of the 
necessary two-thirds. Judges Pickering in 1804, 
Humphries in 1862, and Archibald in 1912 were 
impeached and convicted. Remember that impeach¬ 
ment means accusation, not conviction. 

Judgment in cases of impeachment shall not extend further Judg- 
than to removal from office, and disqualification to hold and mentin 
enjoy any office of honor, trust, or profit under the United States; Case of 
but the party convicted shall nevertheless be liable and subject to Impeach- 
indictment, trial, judgment, and punishment, according to law. ment. 

In the several cases of impeachment under our 
Constitution, officials found guilty were merely re¬ 
moved from office, sometimes disqualified from 
holding federal offices. Guilty parties are subject 
to further trial under Amendment V. The object 


Senate a 
Court for 
Trial of 
Impeach¬ 
ments. 


Elections 
of Sena¬ 
tors and 
Represen¬ 
tatives. 


Meet¬ 
ing of 
Congress. 


Organiza¬ 
tion of 
Congress. 


14 THE CONSTITUTION AND AMENDMENTS 

of impeachment is to protect us from acts of disloyal 
officials not to punish crime. 

Section IV. The times, places, and manner of holding elec¬ 
tions for Senators and Representalives shall be prescribed in 
each State by the Legislature thereof; but the Congress may at 
any time by law make or alter such regulations, except as to 
places of choosing Senators. 

A state sets the qualifications of age and residence, 
and some states require an educational qualification, 
usually the ability to read and write. 

Congress has superseded the states by making 
regulations authorizing voting by written or printed 
ballots, requiring contiguous districts, and the time 
for the election of members of Congress as the first 
Tuesday after the first Monday in November of 
every second year. Congress also fixed the day for 
voting in all states for the electors of the President 
and Vice President as the first Tuesday after the first 
Monday in November. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Under this paragraph new members elected in 
November do not take their seats until December 
of the next year, more than a year after election. 

Section V. Each House shall be the judge of the elections, 
returns, and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members in such manner and 
under such penalties as each House may provide. 


THE CONSTITUTION AND AMENDMENTS 15 


In either house, the quorum or number required 
to do business is a majority or more than half of the 
members. That would mean at least 49 Senators 
and 218 Representatives. 

Each House may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds expel a member. 

Either House has censored members and expelled 
some. In 1910 the Insurgent movement in the 
House resulted in many changes in the rules. 
Persons not members may be punished for contempt 
of the House or of a member. 


Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either House on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 


The Congressional Record published daily while 
Congress is in session furnishes for the benefit of the 
public the proceedings and a record of the vote. 


Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two Houses shall be 
sitting. 

Since 1800 Congress has met at Washington, D.C. 
Action of both Houses is required to make a legis¬ 
lative measure a law; consequently both should be 
in session at the same time and place. 


Rule of 
Proceed¬ 
ings. 


Journal 
of Pro¬ 
ceedings. 


Adjourn¬ 
ment of 
Congress. 


16 THE CONSTITUTION AND AMENDMENTS 


Pay and 
Privileges 
of Mem¬ 
bers. 


Other 

Offices 

Pro¬ 

hibited. 


Revenue 

BiUs. 


Section VI. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be privi¬ 
leged from arrest during their attendance at the session of their 
respective Houses, and in going to and returning from the same; 
and for any speech or debate in either House they shall not be 
questioned in any other place. 

This paragraph allows members to perform duties 
without interference and removes every restriction 
on debate except their own rules of order. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time; and 
no person holding any office under the United States shall be a 
member of either House during his continuance in office. 

This paragraph prevents members from increasing 
their own salaries and establishing offices for per¬ 
sonal gain during their term. No person can hold 
a federal office and be a member of either House at 
the same time. 

Section VII. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose or concur 
with amendments, as on other bills. 

The plan is designed to permit the body nearest 
the people to control expenditure of money raised 
by taxation but practically without effect since the 
Senate can amend a revenue bill by substituting a 
new measure as an enacting clause. 


THE CONSTITUTION AND AMENDMENTS 17 


Every bill which shall have passed the House of Representa- How 
tives and the Senate shall, before it become a law, be presented Bills 
to the President of the United States; if he approve, he shall Become 
sign it, but if not, he shall return it, with his objections, to that Laws. 
House in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider it. 

If after such reconsideration two-thirds of that House shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered; and if 
approved by two-thirds of that House it shall become a law. 

But in all such cases the votes of both Houses shall be determined 
by yeas and nays and the names of the persons voting for and 
against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the President 
within ten .days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its 
return; in which case it shall not be a law. 


If Congress adjourns during the ten days that a 
President is entitled to hold a bill for investigation, 
he has absolute veto power. He simply withholds 
his signature to nullify the bill. This is called a 
“pocket veto.” President Cleveland vetoed 301 bills 
during his first administration. A President cannot 
veto single items. Many times undesirable pro¬ 
visions called “riders” are attached to bills and be¬ 
come laws. Nine bills have been signed after ad¬ 
journment since 1789. Eight of these were signed 
in this way in 1920. 


Every order, resolution, or vote to which the concurrence of the P res i- 
Senate and House of Representatives may be necessary (except dent’s 
on a question of adjournment) shall be presented to the President P° wer 
of the United States; and before the same shall take effect shall 0ve * 
be approved by him, or, being disapproved by him, shall be Le S is * 
repassed by two-thirds of the Senate and the House of Represen- lation * 


Powers 
Vested 
in Con¬ 
gress. 


Finan¬ 

cial. 


18 THE CONSTITUTION AND AMENDMENTS 

tives, according to the rules and limitations prescribed in the case 
of a bill. 

The veto gives the President more power over 
Congress, thereby giving him a better opportunity 
to state his objections and control his program of 
legislation. “Veto” is a Latin word, meaning I 
forbid. 

Section VIII. The Congress shall have power: 

To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defence and general welfare 
of the United States; but all duties, imposts, and excises shall be 
uniform throughout the United States. 

The Sixteenth Amendment should be added to 
this to make it cover Income Taxes. Congress is 
curtailed by Section 9 (5) from levying taxes on 
exports; by Section 9 (6) from discriminating in 
taxes at different ports of entry. Duties are cus¬ 
toms taxes. 

Excises are taxes on domestic production, sale, or 
use of articles, such as tobacco. 

Imposts are customs taxes combining the idea of 
both duties and excises in one word. 

To borrow money on the credit of the United States. 

This was the basis of Hamilton’s plan of refund¬ 
ing the national debt in 1790. It gives Congress 
power to use the credit of the United States to issue 
paper money, charter national banks, establish a 
Federal Reserve System, and issue Treasury notes 
and bonds such as the Liberty or Victory Loans. 


THE CONSTITUTION AND AMENDMENTS 19 


To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

Congress has the power to control interstate com¬ 
merce and communication; in fact every species of 
such commercial intercourse. States are forbidden 
to levy any import or export duties against other 
states. Various acts, such as the Sherman Act to 
control industry and the Transportation Act cre¬ 
ating a Railroad Labor Board connected with Inter¬ 
state commerce, have been passed under this clause. 
It is called the “commerce clause.” 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States 


Under the Articles of Confederation provisions 
for bankruptcy were omitted. Consequently state 
insolvency laws were passed with varied require¬ 
ments giving priority to local creditors. This clause 
took precedence over state laws, and an act of Con¬ 
gress made it operative. 

If creditors having claims of $500 or more against 
any person, company, corporation, or bank, file a 
petition in the United States Courts showing the ex¬ 
istence of debts amounting to $1000 or evidence of 
the assignment of property within four months 
showing preference for certain creditors or evidence 
that a preferred creditor obtained preference by legal 
proceedings, the court as a result of the request may 
declare involuntary bankruptcy. 


Com¬ 

merce. 


Naturali¬ 
zation and 
Bank¬ 
ruptcy. 


20 THE CONSTITUTION AND AMENDMENTS 


Coins, 

Weights 

and 

Meas¬ 

ures. 


Counter¬ 

feiting. 


On the other hand if any person, except a corpo¬ 
ration, makes voluntary assignment of his property 
in a United States District Court for the benefit of 
his creditors, and of his own accord admits in writ¬ 
ing that his debts exceed his property, he is adjudged 
a voluntary bankrupt. However, a person cannot 
take advantage of the voluntary bankruptcy law 
more than once in six years. 

It is apparent that the law operates to the ad¬ 
vantage of both creditors and debtors. If no fraud 
appears in the hearing, a bankrupt is released to go 
in business again free from further legal obligations 
to pay the debts involved except those owed to the 
municipality, credits secured through fraudulent pre¬ 
tense, alimony, and a few other exceptions. 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

Congress controls the coining of all money and 
the printing of paper money. Paper money is really 
an order on the Treasury for its face value in gold 
or silver deposited there. Standard weights and 
measures are kept at Washington, but duplicates are 
kept at state capitols. Uniform standards safeguard 
the public from fraud in buying and selling. 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

Making coins, paper money, or stamps in imita¬ 
tion of those of the United States is called “counter¬ 
feiting.” Regardless of the conditions under which 


THE CONSTITUTION AND AMENDMENTS 21 

such imitations are made, the violator is subject to 
severe punishment by the federal courts. 

To establish post-offices and post-roads. 

The service granted by this clause benefits every 
citizen. Rural Free Delivery, Air Mail Service, and 
the Federal Highway Act show that our government 
is not slow to utilize every facility to give its citi¬ 
zens service. It can use injunction and other legal 
means to prevent interference with transportation of 
the mails. It also has the power to punish for mis¬ 
use of the mails. 

To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive rights to 
their respective writings and discoveries. 

This clause protects authors and inventors not 
only here, but by international agreement extends 
to other countries as well. A copyright lasts twenty- 
eight years and can be renewed for twenty-eight 
more. Books, films, maps, cartoons, etc., are pro¬ 
tected by copyrights. Holders of patents have the 
exclusive right of manufacture for seventeen years 
but cannot control sales or prices. 

To constitute tribunals inferior to the Supreme Court. 


To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations. 

Congress is given power to define and punish 
crimes committed by its citizens at sea and in viola- 


Post- 

Offices. 


Inven¬ 

tions, 

Copy¬ 

rights, 

and 

Trade 

Marks. 


Courts. 


Piracies. 


22 THE CONSTITUTION AND AMENDMENTS 


War. 


Army. 


tion of International Law. Requiring protection 
for our citizens creates responsibility for their acts 
against other nations. 

Piracy is robbery committed on the high seas; 
felony is a crime punishable either by death or by 
imprisonment in the State prison. 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

Under this clause Congress declared war in 1812, 
1846, 1898, and 1917. It is now generally recognized 
that the President can take action leading to a 
state of war, but Congress has the final decision. 

Letters of marque are commissions to owners of 
private ships to make war on ships of the enemy. 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years. 

In times of peace the standing army is necessarily 
small in a democracy. The two years’ clause per¬ 
mits the people to control the expenditure and de¬ 
termine the size of the standing army. 

Volunteer armies have been sufficient except in 
Draft Army law of 1863 and the selective service 
draft of 1917. 

During the World War this clause was used as a 
basis when our nation took over the management 
of railroads, the control of food and fuel, the out¬ 
put of factories, the classifying of essential and non- 
essential industries, and the establishing of war 
prohibition. 


THE CONSTITUTION AND AMENDMENTS 23 


To provide and maintain a navy. 

The limit of navy growth is now controlled by 
the 5-5-3 1 agreement. In the last few years the 
Naval Air Service has made an enviable record. 

To make rules for the government and regulation of the land 
and naval forces. 

The National Defense Act of 1916 practically 
makes a national guard of the state militia. The 
organization is now so planned that the ranks can 
be filled by conscription and the militia reorganized 
as was done in 1917. The new organization scheme 
built around experienced men will facilitate the 
training of an army. 

In accordance with the provisions of the National 
Defense Act amended in 1924 the government desig¬ 
nated September 13, the birthday of General 
Pershing, as National Defense Day. On this day a 

1 The Washington, D.C., Conference was called in 1921 at the 
suggestion of the United States to limit the naval armament of 
the leading nations of the world. Secretary of State Hughes in 
addressing the Conference suggested that the United States and 
Great Britain each be limited to battleships aggregating 500,000 
tons and Japan to 300,000 tons or a 5-5-3 ratio. As a result of 
the controversy a covenant was drawn whereby Naval Armament 
was limited to the ultimate battle fleets of the five signatory 
powers as follows. 

United States and Great Britain 525,000 tons each, Japan 
315,000 tons, and France and Italy 175,000 tons each. An agree¬ 
ment was also made on the scrapping of certain ships of each 
nation on the basis of this ratio. No battleship may exceed 
35,000 tons nor carry guns of a caliber exceeding sixteen inches. 
No limitation was placed on submarines or auxiliary craft. This 
agreement was thought to be a step toward world peace. 


Navy. 


Regula¬ 
tions of 
Army and 
Navy. 


Calling 

Militia. 


Training 

Militia. 


Seat of 
Govern¬ 
ment. 


24 THE CONSTITUTION AND AMENDMENTS 

mobilization of the entire military strength and re¬ 
sources of the United States was requested by the 
War Department. 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions. 

Militiamen may not be called to duty by the 
President more than nine months out of any twelve. 
The militia was first called in the Civil War and 
has been called in every war since. 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States' reserving to the States respectively 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. 

The militia of a state is made up of men between 
the ages of eighteen and forty-five. In most states 
they receive compensation for drill services and 
spend some time in a training camp each year. The 
state appoints the officers, but when serving under 
the United States, Congress has charge of its organ¬ 
ization. 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dry-docks, and other needful buildings. 


The District of Columbia was located in 1791, 
and Washington, D.C., situated therein became 


THE CONSTITUTION AND AMENDMENTS 25 


the capital in 1800. Congress makes the laws and 
has complete control over the district. The resi¬ 
dents have no vote and elect no representative to 
Congress nor other city or district officers. Indian 
reservations, arsenals, federal parks, etc., fall within 
the meaning of this clause, and crimes committed 
in such places are punished in federal courts. 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 


Anticipating the changing conditions due to in¬ 
ventions, progress, and improved conditions of liv¬ 
ing, this clause has saved many changes in the 
Constitution. It gives Congress a large measure of 
control over other departments of government. 
Congress under this clause is limited to supplement¬ 
ing the enumerated powers given under the Consti¬ 
tution. 

Section IX. (1.) [The migration or importation of such persons 
as any of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thousand 
eight hundred and eight, but a tax or duty may be imposed on 
such importation, not exceeding ten dollars for each person .] 


Refers to slave trade (now obsolete). 

The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
.safety may require it. 

A writ of Habeas Corpus permits a speedy trial 


Elastic 

Clause. 


Limita¬ 
tions on 
Congress. 


Habeas 

Corpus. 


26 THE CONSTITUTION AND AMENDMENTS 


Attainder. 


Direct 

Taxes. 


Regula¬ 
tions Re¬ 
garding 
Customs 
Duties. 


and is suspended during war in order to better pro¬ 
tect our interests. 

No bill of attainder or ex post facto law shall be passed. 

A “bill of attainder” is a legislative act usually 
resulting without trial in pronouncing a death pen¬ 
alty against an accused person or group of persons, 
and depriving of all civil rights and power to inherit 
or transmit property. This was a precaution against 
the revival of abuses formerly common in England. 

This ex post facto clause provides against the 
enactment of a law making a certain act a crime 
after it has been committed; also against increasing 
the penalty for such an act. 

No capitation or other direct tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be 
taken. 

This clause gives the power to levy income taxes. 
Two income tax acts based on this clause have been 
declared unconstitutional, because it was not prac¬ 
ticable to levy an income tax according to popula¬ 
tion. This paragraph refers to “poll tax” or “head 
tax” which has never been levied by the United 
States. Amendment XVI makes it possible to 
levy an income tax “without regard to census or 
enumeration.” 

No tax or duty shall be laid on articles exported from any State. 

Exports are goods sent out of the state for com¬ 
mercial purposes. The principle of not taxing ex¬ 
ports was adopted to encourage trade abroad. 


THE CONSTITUTION AND AMENDMENTS 27 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another, nor shall 
vessels bound to or from one State be obliged to enter, clear, or 
pay duties in another. 

This section gives each state an equal chance and 
strengthens the idea of “united states.” 

No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

It is the express duty of the comptroller of the 
Treasury to see that this paragraph is enforced. 
The budget system has systematized government 
expenditures and resulted in saving many millions 
of dollars. 

No title of nobility shall be granted by the United States. And 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Their prejudice against autocracy led our fore¬ 
fathers to take this precaution to insure de¬ 
mocracy. 

Section X. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of the Congress, lay any 
impost or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the 


Inter¬ 

state 

Com¬ 

merce. 


Appro¬ 

priations. 


Titles of 
Nobility 
Pro¬ 
hibited. 


Limita¬ 
tions on 
States. 


Exec¬ 

utive 

Depart¬ 

ment 


Electors. 


28 THE CONSTITUTION AND AMENDMENTS 

net produce of all duties and imposts, laid by any State on im¬ 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the revision 
and control of the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

This section is intended to state definitely what 
states cannot do, and doubly emphasizes the powers 
given and denied Congress, particularly in regard 
to foreign relations, war, currency, and national 
commerce. 


ARTICLE II 

Section I. The Executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice President, 
chosen for the same term, be elected as follows: 

A President is elected every four years and in¬ 
augurated the following March 4. There is a gen¬ 
eral feeling that this date should be changed. The 
number of terms a President may serve is not men¬ 
tioned in the Constitution. The common feeling 
that a tenure of two terms is long enough grew 
from a statement by President Washington, when 
he refused to consider a third term. 


Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 


THE CONSTITUTION AND AMENDMENTS 29 

be entitled in the Congress; but no Senator or Representative or 
person holding an office of trust or profit under the United States 
shall be appointed an elector. 

The “Electoral College” was originally planned to 
give each elector a free choice for President, but 
now all vote as they are pledged when nominated 
at their party conventions. The vote is taken by 
states. It is possible that a President may be se¬ 
lected even though he does not get the majority of 
the total popular votes cast. Several Presidents 
have been elected in this manner. 


[The electors shall meet in their respective States and vote by 
ballot for two persons, of whom one at least shall not be an in¬ 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each, which list they shall sign and certify, and transmit , sealed, 
to the seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per¬ 
son having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap¬ 
pointed, and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represen¬ 
tatives shall immediately choose by ballot one of them for Presi¬ 
dent ; and if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose the Presi¬ 
dent. But in choosing the President, the vote shall be taken by 
States, the representation from each State having one vote. A 
quorum, for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of the 
electors shall be the Vice President. But if there should remain 
two or more who have equal votes, the Senate shall choose from 
them by ballot the Vice President .] 


Proceed¬ 
ings of 
Electors. 
—Proceed¬ 
ings of the 
House 
of Repre- 
sentativeso 


30 THE CONSTITUTION AND AMENDMENTS 


Time of 

Choosing 

Electors. 


Qualifi¬ 
cations 
of the 
President. 


Presi¬ 

dential 

Suc¬ 

cession. 


Superseded by Amendment XII. 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Electors are chosen on Tuesday following the first 
Monday of November every fourth year. Electors 
usually meet at each state capital and cast their 
votes on the second Monday of the following Jan¬ 
uary, and Congress meets at one p.m. of the second 
Wednesday in February, to receive the vote. 

No person except a natural-born citizen, [or a citizen of the 
United States at the time of the adoption of this Constitution], 
shall be eligible to the office of President; neither shall any per¬ 
son be eligible to that office who shall not have attained to the 
age of thirty-five years and been fourteen years a resident within 
the United States. 

There is nothing in the Constitution to prevent a 
woman, or a negro, or a person* of any religious be¬ 
lief from becoming a President if he has the neces¬ 
sary qualifications and gets the necessary votes. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice President and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed or a Presi¬ 
dent shall be elected. 

In six cases under the Constitution a Vice Presi¬ 
dent has become President, at the death of Presi¬ 
dents Harrison, Taylor, Lincoln, Garfield, McKinley, 


THE CONSTITUTION AND AMENDMENTS 31 


and Harding. What constitutes disability has never 
been fully decided. 

The President shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

The President’s salary is $75,000 a year, with 
$25,000 for travel, and $117,000 for White House 
upkeep and clerk hire. He pays income tax as other 
citizens. If the President’s salary is increased, the 
incumbent cannot benefit by the increase. 

Before he enter on the execution of his office he shall take the 
following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best 
of my ability, preserve, protect, and defend the Constitution of 
the United States.” 

The above oath is administered by the Chief Jus¬ 
tice of the Supreme Court at high noon on March 4 
following the election. Woodrow Wilson took the 
oath on Sunday, March 4, 1917. The word “affirm” 
is inserted because people of certain religious be¬ 
liefs will not take an oath. 

Section II. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States except in cases of impeachment. 


Compen¬ 

sation. 


Oath 

of 

Office. 


Powers 

of 

President. 


Treaties. 


32 THE CONSTITUTION AND AMENDMENTS 

In war time authority must be centralized. The 
President also commissions all army officers and 
directs the war in a general way. A reprieve sus¬ 
pends a sentence; a pardon remits a penalty. The 
term “heads of departments” refers to the ten de¬ 
partment heads or cabinet members selected by the 
President to counsel with him. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and 
all other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

“A treaty is the supreme law of the land,” and 
the conditions are such that a President can domi¬ 
nate. Washington tried unsuccessfully to counsel 
with the Senate; consequently the Senate later cre¬ 
ated a Committee on Foreign Relations as a medium 
to keep the President informed. Once a treaty is 
made it requires both branches of Congress to abro¬ 
gate it. The President appoints a few personal 
agents outside of those he nominates and commis¬ 
sions. President Harding appointed two Senators 
as delegates to the Washington Conference in which 
nine nations drafted treaties for the reduction of 
armaments and others respecting the promotion of 
peace. 


THE CONSTITUTION AND AMENDMENTS 33 


The President shall have power to fill up all vacancies that Vacancies, 
may happen during the recess of the Senate by granting com¬ 
missions, which shall expire at the end of their next session. 


When a vacancy occurs while Congress is not in 
session, the President names an appointee tempo¬ 
rarily. If the Senate at its next session does not 
approve the appointment, it must terminate. 


Section III. He shall from time to time give to the Congress Calling, 
information of the State of the Union, and recommend to their Adjourn- 
consideration such measures as he shall judge necessary and ing, and 
expedient; he may, on extraordinary occasions, convene both Advising 
Houses, or either of them, and in case of disagreement between Congress, 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive am¬ 
bassadors and other public ministers; he shall take care that the 
laws be faithfully executed, and shall commission all the officers 
of the United States. 


President Wilson revived the Washington-Adams 
idea of appearing in person and reading his message 
before Congress. President Coolidge delivered the 
first message that was broadcast by radio. Frequent 
extra sessions have been called, but Congress has 
never been adjourned by the President. 


Section IV. The President, Vice President, and all civil officers Removal 
of the United States shall be removed from office on impeachment 0 f civil 
for, and conviction of, treason, bribery, or other high crimes and officers, 
misdemeanors. 


This section makes special provision for the trial 
and removal of any of the civil officers of the United 
States. 


34 THE CONSTITUTION AND AMENDMENTS 


Judicial 

Depart¬ 

ment. 


To 

What 
Cases it 
Extends. 


Juris¬ 
diction 
of the 
Supreme 
Court. 


ARTICLE III 

Section I. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 


Section II. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min¬ 
isters, and consuls; to all cases of admiralty and maritime juris¬ 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State, claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

The states must submit to the decisions of the 
United States courts in all cases where the Constitu¬ 
tion, federal laws, or treaties are involved. “Cases of 
admiralty and maritime jurisdiction” not only apply 
to the high seas “but navigable waters of the United 
States” as well. The word “citizens” in this section 
includes corporations, since a corporation is re¬ 
garded as a citizen of the state which charters it. 

In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before-mentioned the Supreme Court shall have appellate juris¬ 
diction, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 


THE CONSTITUTION AND AMENDMENTS 35 

Note that Amendment VII further restricts the 
Supreme Court. 


The trial of all crimes, except in cases of impeachment, shall Rules 
be by jury, and such trial shall be held in the State where the Respect- 
said crimes shall have been committed; but when not committed ing 
within any State the trial shall be at such place or places as the Trials. 
Congress may by law have directed. 

Compare with Amendment VI. 

Section III. Treason against the United States shall consist Treason 
only in levying war against them, or in adhering to their enemies, Defined, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

This is the only crime defined in the Constitution. 

In the trial of Aaron Burr the evidence was “irrele¬ 
vant until there be proof of the overt act by two 
witnesses/’ Hence he was permitted to escape 
punishment. 

The Congress shall have power to declare the punishment of How 
treason, but no attainder of treason shall work corruption of blood Punished, 
or forfeiture except during the life of the person attainted. 

Clause one grants the power to punish treason, 
but clause two protects the innocent children of 
the guilty against the once common practice of visit¬ 
ing on the children the penalties of those found 
guilty. The word “attainder” in this case means 
conviction. 


36 THE CONSTITUTION AND AMENDMENTS 


Rights 

of 

States. 


Rights 

of 

Citizens. 


ARTICLE IV 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 


Seal of the United States 

This section means that if a document is recorded, 
a marriage legally performed, a divorce legally 
granted, or a case is decided in one state, it should 
generally speaking be recognized in all. 

Section II. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 











THE CONSTITUTION AND AMENDMENTS 37 

Protects rights of citizens of each state in all 
states. 

A person charged in any State with treason, felony, or other Extra- 
crime, who shall flee from justice, and be found in another State, dition. 
shall, on demand of the Executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

This section provides for the return of accused 
persons who try to evade the law by fleeing to 
another state. This is called “extradition,” and the 
power of delivery is in the hands of the Governor 
in the state where the criminal seeks refuge. 

[No person held to service or labor in one State, under the Fugitive 
laws thereof, escaping into another, shall, in consequence of any Slaves. 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due.'] 

Now obsolete. See Amendment XIII. 

Section III. New States may be admitted by the Congress New 
into this Union, but no new State shall be formed or erected states 
within the jurisdiction of any other State, nor any State be 
formed by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States concerned^ 
as well as of the Congress. 

New states are admitted on a basis of equality 
with the consent of both the Federal Government 
and the citizens of an organized territory. States 
are guaranteed protection from without and assist¬ 
ance if necessary to settle troubles within. 


Power 

of 

Congress 

Over 

Public 

Lands. 


Repub¬ 

lican 

Govern¬ 

ment 

Guaran¬ 

teed. 


Amend¬ 
ment 
of the 
Consti¬ 
tution. 


38 THE CONSTITUTION AND AMENDMENTS 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Congress has power to acquire territory, set up 
territorial governments, and lease lands or mines. 
Whether that power comes from this paragraph or 
is acquired in its capacity as a sovereign is not 
fully determined. 

Section IV. The United States shall guarantee to every State 
in this Union a republican form of government and shall protect 
each of them against invasion; and, on application of the Legis¬ 
lature, or of the Executive (when the Legislature cannot be con¬ 
vened), against domestic violence. 

By a declaration made by President Tyler con¬ 
cerning rebellion in Rhode Island in 1842, it was 
established that Congress could overthrow a sepa¬ 
rate republican government established within a 
state. Under the last clause the President is author¬ 
ized to employ military forces of the United States 
or militia of the states to discharge the duties of 
the United States. During the railway strike in 
1894, President Cleveland sent troops to Chicago 
against the protest of the Governor of Illinois. 

article v 

The Congress, whenever two-thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the Legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part 
of this Constitution, when ratified by the Legislatures of three- 














The Machine Which Stamps the Great Seal op the United States 















40 THE CONSTITUTION AND AMENDMENTS 


Validity 

of 

Det)ts. 


Supreme 
Law 
of the 
Land. 


fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro¬ 
posed by the Congress; provided [that no amendment which 
may he made 'prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the 
Ninth Section of the First Article; and] that no State, without 
its consent, shall be deprived of its equal suffrage in the Senate. 

Of the two methods only the first has ever been 
used; i.e., proposed by Congress and referred to the 
state legislatures. Neither the President nor the 
courts have any voice in the matter; in fact the 
fourteenth and fifteenth amendments were passed 
by Congress and submitted to the states without 
the President’s official knowledge and approval. 
The first exception expired in 1808. The second 
is the only part of the Constitution that cannot be 
amended without unanimous consent. 

ARTICLE VI 

[All debts contracted and engagements entered into before the 
adoption of this Constitution shall be as valid against the United 
States under this Constitution as under the Confederation.'] 

Under Hamilton’s plan of refunding the debt our 
government took the honorable course of carrying 
out the promises made and obligations assumed 
under the Articles of Confederation. 

This Constitution and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land, and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding- 


THE CONSTITUTION AND AMENDMENTS 41 

This clause asserts that the authority of the Fed¬ 
eral Government is supreme over the states, and 
that state laws in conflict with National laws must 
give way. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States, and of the several 
States, shall be bound by oath or affirmation to support this Con¬ 
stitution ; but no religious test shall ever be required as a quali¬ 
fication to any office or public trust under the United States. 

State officers are often required to discharge 
duties authorized by the national Constitution, and 
taking the oath also emphasizes their obligation to 
the national government. 

The “religious test” means that a person elected 
to office shall not be required to repudiate a recog¬ 
nized religion. The word “affirmation” was inserted 
for the special benefit of the Quakers. 

ARTICLE VII 

The Ratification of the Conventions of nine 
states , 1 shall be sufficient for the Establishment of 
this Constitution between the states so* ratifying 
the same. 

1 Note that unlike the Articles of Confederation it required 
only nine states to ratify. 


Oath to 
Consti¬ 
tution. 


Ratifica¬ 
tion of the 
Constitu¬ 
tion. 


42 THE CONSTITUTION AND AMENDMENTS 



Signatures of Members of the Convention. 








THE CONSTITUTION AND AMENDMENTS 43 


ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
CONSTITUTION OF THE UNITED STATES OF AMER¬ 
ICA, PROPOSED BY CONGRESS, AND RATIFIED BY 
THE LEGISLATURE OF THE SEVERAL STATES, PUR¬ 
SUANT TO THE FIFTH ARTICLE OF THE ORIGINAL 
CONSTITUTION. 

The first ten amendments were proposed by Con¬ 
gress at their first session, in 1789, and ratified by 
the states in 1791. This constitutes the “Bill of 
Rights” of the National Constitution. 

AMENDMENT I 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people 
peaceably to assemble, and to petition the Government for a 
redress of grievances. 

Freedom of belief and speech are a natural out¬ 
growth of the period of settlement. An established 
religion is one supported wholly or in part by public 
taxation. By refusing use of the mails the govern¬ 
ment can further control propaganda and all types 
of publications detrimental to public interests. 

AMENDMENT II 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

People can bear arms openly but not concealed 
unless authorized. 


Personal 

Freedom, 


Right 
to Bear 
Arms. 



44 


President and Mrs. Coolidge Witness the Enshrining of the Con¬ 
stitution and the Declaration of Independence 


























THE CONSTITUTION AND AMENDMENTS 45 

AMENDMENT III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a 
manner to be prescribed by law. 

One of the causes of the Revolutionary War. 

AMENDMENT IV 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

“A man’s home is his castle.” 

Without a warrant property cannot be searched 
nor may papers secured without a warrant be used 
in evidence against a person. 

AMENDMENT V 

No person shall be held to answer for a capital or other in¬ 
famous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just com¬ 
pensation. 


Quarter¬ 
ing of 
Soldiers. 


Right 

of 

Search. 


Protec¬ 
tion of 
Accused. 


The Grand Jury is a legally chosen group to 
secretly investigate the crime and decide whether 


46 THE CONSTITUTION AND AMENDMENTS 


Rights 

of 

Accused 


Jury 
Trial in 
Lawsuits. 


there is sufficient evidence for a public trial before 
a petit jury. A person cannot be tried twice for 
the same crime nor be compelled to testify against 
himself. According to judicial practice a wife can¬ 
not be compelled to testify against her husband. 
The usual method of taking private property with 
just compensation for public use is termed “eminent 
domain.” 


AMENDMENT VI 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

As stated this section reviews a criminabs rights. 

AMENDMENT VII 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re¬ 
examined in any court of the United States than according to the 
rules of the common law. 

This section restricts the power of the court in 
reviewing questions of fact upon appeal from cases 
tried by a jury. The Judge can order a new trial 
or review the law on a writ of error, but cannot sub¬ 
stitute his opinion for the facts in the case. 


THE CONSTITUTION AND AMENDMENTS 47 


AMENDMENT VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

One of the theories of our government is that a 
person is innocent until he is proved guilty. Giving 
“bail” is a guarantee that the person will appear 
for trial as a Judge instructs, and releases the ac¬ 
cused from jail until the trial or hearing. If the 
charge is a serious one, bail may be refused. Cruel 
punishments are prohibited. 

AMENDMENT IX 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

It is obvious that the intelligence of the people 
could be trusted to retain the fundamental unwrit¬ 
ten rights we enjoy without enumerating them. 

AMENDMENT X 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

This Amendment was designed to make state and 
local rights even more secure. 

AMENDMENT XI 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States, by citizens of another State, or 
by citizens or subjects of any foreign State. 


Bail 

and 

Punish¬ 

ment. 


Rights 

Enume¬ 

rated. 


Powers 

not 

Delegated. 


State 
Exemp¬ 
tion from 
Suit. 


48 


THE CONSTITUTION AND AMENDMENTS 


New 

Method 

of 

Electing 
President 
and Vice 
President. 


This amendment limits the powers of the Federal 
Courts by preventing the government from being 
a party in lawsuits not only “by citizens of another 
state” but even by a citizen in his own state. 

In 1793, Chisholm, a citizen of South Carolina, 
sued in the Supreme Court to recover a debt from 
the state of Georgia. Georgia refused to appear and 
the case went against her. Several similar suits 
were pending and the people generally disliked the 
idea of states being involved in the courts. Congress 
by almost unanimous vote submitted the above 
Amendment which was ratified in 1798. 

Most states have therefore established a Court of 
Claims in which a claim against the state can be 
presented. When the claim is declared valid, it is 
customary for the state to make the necessary 
appropriation. If the state refuses to pay, it cannot 
be forced to do so. 

AMENDMENT XII 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom at least 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice President; and 
they shall make distinct lists of all persons voted for as Presi¬ 
dent, and of all persons voted for as Vice President, and of the 
number of votes for each, which lists they shall sign and certify, 
and transmit, sealed, to the seat of the Government of the United 
States directed to the President of the Senate; the President of 
the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then 
be counted; the person having the greatest number of votes for 


THE CONSTITUTION AND AMENDMENTS 49 


President shall be the President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of Rep¬ 
resentatives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of March 
next following, then the Vice President shall act as President, as 
in the case of the death or other constitutional disability of the 
President. The person having the greatest number of votes as 
Vice President shall be the Vice President, if such number be a 
majority of the whole number of electors appointed, and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice President; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice President of 
the United States. 

This article, declared in force December 25, 1804, 
supersedes part of Article II, Section 1, Clause 3. 
Before the adoption of this amendment the electors 
voted for two candidates for President. The candi¬ 
date receiving the most votes was made President 
and the one receiving the next highest number was 
made Vice President. Under this plan there could 
be a Republican President and a Democratic Vice 
President. The contest in 1800 between Jefferson 
and Burr when the members of the Electoral Col¬ 
lege voted by parties for the first time and the elec¬ 
tion was thrown into the House, resulted in the 


50 THE CONSTITUTION AND AMENDMENTS 


Abolition 

of 

Slavery. 


Enforce¬ 

ment 

Clause. 


Citizens 

and 

Their 

Rights. 


Apportion¬ 
ment of 
Represen¬ 
tatives. 


adoption of this amendment. President Adams was 
elected by the House in 1825 and Vice President 
Johnson by the Senate in 1837. In 1876 a dispute 
arose and the controversy was referred to an Elec¬ 
toral Commission. The disputed votes were not 
counted until two days after March 4, 1877, when 
the new President was to be inaugurated. 


AMENDMENT XIII 

Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

Congress shall have power to enforce this article by appropriate 
legislation. 

Adopted in 1865. Designed to give the negro 
freedom and thereby abolishing slavery. 

AMENDMENT XIV 

I. All persons bom or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities 
of citizens of the United State's, nor shall any State deprive any 
person of life, liberty, or property without due process of law, 
nor deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

II. Representatives shall be apportioned among the several r 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of elec¬ 
tors for President and Vice President of the United States, Repre- 


THE CONSTITUTION AND AMENDMENTS 51 

sentatives in Congress, the executive and judicial officers of a 
State, or the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being of twenty-one years 
of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

III. No person shall be a Senator or Representative in Con¬ 
gress, or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given 
aid and comfort to the enemies thereof. But Congress may, by 
a vote of two-thirds of each House, remove such disability. 

IV. The validity of the public debt of the United States, au¬ 
thorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, [or any 
claim for the loss or emancipation of any slave ]; but all such 
debts, obligations, and claims shall be held illegal and void. 

V. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Section I made the negro a citizen but applies to 
persons of foreign birth also. Sections II, III, and 
IV are for the most part historical. The qualifica¬ 
tions of voters have been left largely to the states. 
Some states compel certain educational require¬ 
ments for voters, but the power given Congress 
especially under Section II has never been exercised. 


Loss of 

Political 

Privilege. 


Public 

Debt. 


Enforce¬ 

ment 

Clause. 


52 THE CONSTITUTION AND AMENDMENTS 


Negro 

Suffrage. 

Enforce¬ 

ment 

Clause. 


Income 

Tax. 


AMENDMENT XV 

The right of the citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

The Congress shall have power to enforce the provisions of 
this article by. appropriate legislation. 

This is the last of the group of amendments giving 
the negro equal rights. He was freed by the thir¬ 
teenth (1865), made a citizen by the fourteenth 
(1868), and in the fifteenth (1869) given the right 
to vote. Some states require literacy tests, or tests 
other than “race, color, or previous condition of 
servitude” as a qualification for voting. 

AMENDMENT XVI 

The Congress shall have power to lay and collect taxes on 
incomes,, from whatever source derived, without apportionment 
among the several States and without regard to any census or 
enumeration. 

It is generally conceded that taxing incomes is 
the only way to reach real property values. In 
1895 the Supreme Court declared an Income Tax 
Law unconstitutional in accordance with Article I, 
Section 9 (4), because it was apportioned according 
to wealth rather than census. For that reason the 
last clause is specific. More recently the Supreme 
Court has ruled that an income tax is a tax on the 
use of property and therefore a type of excise tax. 
Income taxes must be uniform; i.e., the same on in¬ 
comes of the same size, but this does not prohibit 
higher rates on larger incomes. 


THE CONSTITUTION AND AMENDMENTS 53 


AMENDMENT XVII 

The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof, for six 
years, and each Senator shall have one vote. The electors in 
each State shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislatures. 

When vacancies happen in the representation of any State in 
the Senate, the executive authority of such State shall issue 
writs of election to fill such vacancies, provided that the Legisla¬ 
ture of any State may empower the Executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the Legislature may direct. 

[This amendment shall not be construed as to affect the 
election or term of any senator chosen before it becomes valid 
as part of the Constitution .] 

This Amendment supersedes Article I, Section 3 
(1), covering the election of Senators by direct vote 
of the people. This was thought necessary in order 
to avoid the possibilities of fraud that might attend 
selection through state legislatures and to hold Sen¬ 
ators directly responsible to the people. 

AMENDMENT XVIII 

[After one year from the ratification of this article ], the manu¬ 
facture, sale, or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof 
for beverage purposes is hereby prohibited. 

The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 


Popular 
Elec¬ 
tion of 
Senators. 


Filling 

Vacancies. 


Effect on 
Incum¬ 
bents. 


Prohibi- 

tion. 


Enforce¬ 

ment. 


Ratifica¬ 

tion 

Limi¬ 

tation. 


Woman 

Suffrage. 

Enforce¬ 

ment 

Clause. 


54 THE CONSTITUTION AND AMENDMENTS 

[This article shall be inoperative unless it shall have been rati¬ 
fied as an amendment to the Constitution by the Legislatures of 
the several States, as provided in the Constitution, within seven 
years from the date of the submission hereof to the States by the 
Congress .] 

Although the time limit was set as one year, the 
Food Production Act passed by Congress as a war 
measure forbade the manufacture and sale of in¬ 
toxicating liquors after July 1, 1919, so it became a 
law fully six months before the one year had elapsed. 
By a strict enforcement act ruled as constitutional 
one half of one per cent alcoholic content in any 
beverage classifies it as intoxicating. No doubt the 
enforcement of this amendment has injected a new 
note in the Constitution. Undoubtedly concurrent 
power as here used refers to joining forces of State 
and Federal Government in the enforcement, but 
just how far this can be carried out remains for the 
Supreme Court to decide. 

AMENDMENT XIX 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States, or by any State, on 
account of sex. 

Congress shall have power, by appropriate legislation, to en¬ 
force the provisions of this article. 

This amendment is popularly known as the 
“Woman Suffrage Amendment.” Only the question 
of sex is involved in it. This does not remove from 
the states the power to determine the qualifications 
of its voters, but forbids the states to make any 
distinction on account of sex. 


CONSTITUTION OF THE STATE OF NEW JERSEY 

A constitution agreed upon by the delegates of 
the people of New Jersey, in convention begun at 
Trenton on the fourteenth day of May, and con¬ 
tinued to the twenty-ninth day of June, in the year 
of our Lord one thousand eight hundred and forty- 
four, ratified by the people at an election held on 
the thirteenth day of August, a.d. 1844, and amend¬ 
ed at a special election held on the seventh day of 
September, a.d. 1875, and at another special election 
held on the twenty-eighth day of September, a.d. 

1897. 

We, the people of the State of New Jersey, grateful to Preamble. 
Almighty God for the civil and religious liberty which He 
hath so long permitted us to enjoy, and looking to Him for 
a blessing upon our endeavors to secure and transmit the same 
unimpaired to succeeding generations, do ordain and establish 
this Constitution: 

The above preamble is a statement of the reasons 
and intent of the makers of this constitution. Here 
the united people of New Jersey recognize the value 
of democratic government and are endeavoring to 
preserve it in compact form for you, their children. 

“We, the people,” is a term used first in our national 
Constitution. There it indicates one great consoli¬ 
dated government of all the people, rather than 
55 


Natural 

Eights. 


Political 

Powers. 


56 CONSTITUTION OF THE STATE OF NEW JERSEY 

government by states as the Articles of Confedera¬ 
tion provided. It is the most outstanding phrase in 
democratic government. The phrase used here em¬ 
phasizes the fact that the state government of New 
Jersey is a government “of the people, by the people, 
and for the people.” 


ARTICLE I 

RIGHTS AND PRIVILEGES 

1. All men are by nature free and independent, and have cer¬ 
tain natural and unalienable rights, among which are those of 
enjoying and defending life and liberty; acquiring, possessing 
and protecting property, and of pursuing and obtaining a safety 
and happiness. 

Democratic government is an outgrowth of natu¬ 
ral desires for liberty as stated in the discussion of 
our national Constitution. In order to protect 
“good” citizens from those who abuse privileges cer¬ 
tain guarantees are necessary in a constitution. 
This section guarantees personal liberty, the right 
to manage one’s affairs as long as he does not inter¬ 
fere with the rights of others, protection of business 
from unlawful interference, and the right of making 
contracts and of acquiring property. Protection of a 
person’s property is as important as protection of 
his life and liberty. 

2. All political power is inherent in the people. Government 
is instituted for the protection, security and benefit of the peo¬ 
ple, and they have the right at all times to alter or reform the 
same, whenever the public good may require it. 


CONSTITUTION OF THE STATE OF NEW JERSEY 57 

The above defines the rights of the people to 
express at the polls their satisfaction or dissatisfac¬ 
tion with laws. It also gives the power to make 
further laws or alter those in force to meet the 
changing conditions the makers anticipated. 

There is not a provision in this constitution that 
guarantees local self-government. The national 
Constitution avoids provision for suffrage laws so 
that a state may have powers to decide who shall 
vote, subject only to the limitations contained in 
its own constitution. In leaving this power to the 
states the people are guaranteed political liberty. 

3. No person shall be deprived of the inestimable privilege of Rights of 
worshiping Almighty God in a manner agreeable to the dictates Con- 
of his own conscience*; nor, under any pretense whatever, to be science, 
compelled to attend any place of worship contrary to his faith 
and judgment; nor shall any person be obliged to pay tithes, 
taxes or other rates for building or repairing any church or 
churches, place or places of worship, or for the maintenance of 
any minister or ministry, contrary to what he believes to be 
right, or has deliberately and voluntarily engaged to perform. 


Roger Williams was responsible for the develop¬ 
ment of religious liberty in America and in the 
world. 

The subject of religion is controlled by states, and 
for that reason is treated to a greater extent in this 
constitution than in the national Constitution. 
This section is the source of the religious freedom 
enjoyed in our state. 

4. There shall be no establishment of one religious sect in 
preference to another; no religious test shall be required as a 


No Re¬ 
ligious 
Test. 


Free 

Speech; 

Libels. 


58 CONSTITUTION OF THE STATE OF NEW JERSEY 

qualification for any office or public trust; and no person shall 
be denied the enjoyment of any civil right merely on account of 
his religious principles. 

This section does not permit any one religious 
denomination to be recognized above another. It 
is a wise provision, because our histories give many 
instances of war and violence as a result of the 
struggle for the privileges you have inherited as a 
citizen of New Jersey. Your religion does not bar 
you from holding office or from any civil right. 
Persons of every religious belief are on the same 
basis as far as participating in or enjoying the privi¬ 
leges of state government. 


5. Every person may freely speak, write and publish his senti¬ 
ments on all subjects, being responsible for the abuse of that 
right. No law shall be passed to restrain or abridge the liberty 
of speech or of the press. In all prosecutions or indictments for 
libel, the truth may be given in evidence to the jury; and if it 
shall appear to the jury that the matter charged as libelous is 
true, and was published with good motives and for justifiable 
ends, the party shall be acquitted; and the jury shall have the 
right to determine the law and the fact. 


In connection with the Sedition Act, the rights 
stated in this section were a problem of the federal 
government. The result of this controversy and, 
in connection with it, evidence of the general dis¬ 
approval of attempts to limit freedom of speech and 
press no doubt helped to give you a guarantee of 
this right. You have the right to express your ideas 
in speech or press as long as you have due cause or 
excuse. 


CONSTITUTION OF THE STATE OF NEW JERSEY 59 

If there is evidence that your statements are un¬ 
founded, that they give the public an unjust and 
unfavorable impression, the person so represented 
can prefer charges and secure protection through 
the courts. When the truth of the charge is estab¬ 
lished in the courts, a person so charged is found 
guilty of “libel.” 

6. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, 
shall not be violated; and no warrant shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched and the papers and things 
to be seized. 

The resentment of our forefathers against the 
abuses prior to the Revolutionary War made pos¬ 
sible this guarantee. To-day we are free from in¬ 
terference in our personal affairs. “A man’s home 
is his castle,” expresses the whole idea. On the basis 
of sufficient cause supported by a sworn statement 
of the person making such a charge a “search war¬ 
rant” will be issued. The sworn statement holds 
the maker responsible for false charges. An officer 
of the law makes the search for the articles specified 
as being illegally held or concealed. 

7. The right of a trial by jury shall remain inviolate; but the 
legislature may authorize the trial of civil suits, when the matter 
in dispute does not exceed fifty dollars, by a jury of six men. 

In the Colonial Declaration of Rights, 1765, the 
colonists stated “that trial by jury is the inherent 
and invaluable right of every British subject in these 


Personal 

Security; 

Search 

Warrant. 


Trial by 
Jury. 


Rights of 
Accused. 


How 

Charged. 


60 CONSTITUTION OF THE STATE OF NEW JERSEY 

colonies.” In the First Constitution of New Jersey 
it was provided “that the inestimable right of trial 
by jury shall remain confirmed, as part of the law 
of this colony, without repeal, forever.” Thus you 
have inherited this guarantee secure from violation. 

A jury consists of twelve qualified citizens. Their 
decisions must be unanimous. In a case involving 
$50.00 or less the jury is limited to six. 

8. In all criminal prosecutions the accused shall have the right 
to a speedy and public trial by an impartial jury; to be in¬ 
formed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel in his defense. 

When a person is charged with crime and brought 
into the courts the procedure against him must be 
without unwarranted delay. He must have a trial 
in public so that the citizens may know of his treat¬ 
ment. He is entitled to know the charges made 
against him, provide or have provided lawyers for 
his defense, and hear the witnesses testify against 
him in court. His lawyer has a part in selecting the 
jury in order that it may be composed of fair- 
minded men who will render an impartial decision. 

9. No person shall be held to answer for a criminal offense, 
unless on the presentment or indictment of a grand jury, except 
in cases of impeachment, or in cases cognizable by justices of 
the peace, or arising in the army or navy; or in the militia, when 
in actual service in time of war or public danger. 

When a person is charged with a criminal offense 
he must await the action of the grand jury. The 


CONSTITUTION OF THE STATE OF NEW JERSEY 61 


grand jury consists of qualified persons who hear 
witnesses brought before them. The sessions are 
secret. If the evidence warrants the expense of a 
public trial, a “true bill” or indictment is returned. 
An indictment is a formal charge in writing setting 
forth the reasons for a public trial. The whole plan 
was designed to prevent unjust punishments. 

Note certain exceptions mentioned in this para¬ 
graph. 

10. No person shall, after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by suffi¬ 
cient sureties, except for capital offenses, when the proof is evi¬ 
dent or presumption great. 

The first part of this paragraph goes no farther 
than to forbid the retrial of a person found “not 
guilty.” 

Bail is allowed on presenting proper sureties or 
money not beyond the means of the prisoner, but 
of sufficient amount to discourage flight and assure 
his presence at the trial. When the crime and evi¬ 
dence against the accused justify, bail may be re¬ 
fused. 

11. The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless in case of rebellion or invasion the public safety 
may require it. 

Habeas corpus as used here has the same meaning 
as given on page 25. 

12. The military shall be in strict subordination to the civil 
power. 


Acquittal; 

Bail. 


Habeas 

Corpus. 


Military 

Control. 


62 CONSTITUTION OF THE STATE OF NEW JERSEY 


Quar¬ 

tering 

Soldiers. 


Treason. 


Bail, 

Fines, 

Punish¬ 

ments. 


Civil power, meaning the will of the citizens, must 
prevail in a democracy. When military power con¬ 
tinues long, the result is autocracy. In order to 
preserve a form of democratic government for you, 
this section was included. 

13. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, ex¬ 
cept in a manner prescribed by law. 


Turning to the Declaration of Independence, we 
find complaint against the king for “keeping among 
us in times of peace standing armies without the 
consent of our legislature.” Early experiences con¬ 
vinced the people that the above section was neces¬ 
sary in a state constitution. A citizen's right to 
control his property is as necessary as his life and 
liberty. 

14. Treason against the State shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or on confes¬ 
sion in open court. 


This section is an exact duplicate of Section III, 
Article III, of the United States Constitution. 

15. Excessive bail shall not be required, excessive fines shall 
not be imposed, and cruel and unusual punishments shall not be 
inflicted. 


• This section follows the language of the United 
States Constitution, Amendment VIII, 


CONSTITUTION OF THE STATE OF NEW JERSEY 63 


16. Private property shall not be taken for public use with¬ 
out just compensation; but land may be taken for public high¬ 
ways as heretofore, until the legislature shall direct compensation 
to be made. 

The power of eminent domain is the power of 
the government to take private property for public 
use. This right is justified because an individual’s 
desires many times must be sacrificed for public 
benefit. A fair valuation is made and payment 
made to the owner before private property becomes 
public property. Prior to the Constitution of 1844 
land was taken for highways without payment. A 
legislative act passed in 1850 now requires adequate 
compensation. 

17. No person shall be imprisoned for debt in any action, or 
on any judgment founded upon contract, unless in cases of fraud; 
nor shall any person be imprisoned for a militia fine in time of 
peace. 

The first clause guards against the former custom 
of imprisonment for debts, many of which had been 
acquired through misfortune. The last clause op¬ 
poses imprisonment for militia fines in times of 
peace. 

18. The people have the right freely to assemble together, to 
consult for the common good, to make known their opinions to 
their representatives, and to petition for redress of grievances. 

Citizens may hold meetings and public discussions 
as long as their motives are for the best interests 
of good government. A citizen may petition any 
branch of the legislature on a subject of legislation 
in which he is interested. 


Eminent 

Domain. 


Imprison¬ 
ment for 
Debt. 


Right of 
Petition. 


64 CONSTITUTION OF THE STATE OF NEW JERSEY 


Municipal 

Aid. 


State and 
Municipal 
Aid. 


Saving 

Clause. 


Suffrage. 


19. No county, city, borough, town, township or village, shall 
hereafter give any money or property, or loan its money or 
credit, to or in aid of any individual, association or corporation, 
or become security for or be directly or indirectly the owner of 
any stock or bonds of any association or corporation. 

This section places restrictions on the use of 
public money and the furnishing of security to asso¬ 
ciations or corporations. It better safeguards the 
funds and credit of the people. 

20. No donation of land or appropriation of money shall be 
made by the State or any municipal corporation to or for the use 
of any society, association or corporation whatever. 

The purpose here was to guard against the dona¬ 
tion of public property or use of public funds for 
private or sectarian schools. There was no inten¬ 
tion to limit aid to public educational institutions. 

21. This enumeration of rights and privileges shall not be 
construed to impair or deny others retained by the people. 

This clause provides for other rights than those 
stated and attempts to guard against misinterpre¬ 
tation. 


ARTICLE II 

RIGHT OF SUFFRAGE 

1. Right of Suffrage. Every male citizen of the United States, 
of the age of twenty-one years, who shall have been a resident of 
this State one year, and of the county in which he claims his 
vote five months, next before the election, shall be entitled to 
vote for all officers that now are, or hereafter may be, elective 


CONSTITUTION OF THE STATE OF NEW JERSEY 65 


by the people; provided, that no person in the military, naval 
or marine service of the United States shall be considered a resi¬ 
dent in this State, by being stationed in any garrison, barrack 
or military or naval place or station within this State; and no 
pauper, idiot, insane person, or person convicted of a crime 
which now excludes him from being a witness unless pardoned 
or restored by law to the right of suffrage, shall enjoy the right 
of an elector; and provided further, that in time of war no elec¬ 
tor in the actual military service of the State, or of the United 
States, in the army or navy thereof, shall be deprived of his vote 
by reason of his absence from such election district; and the 
legislature shall have power to provide the manner in which, and 
the time and place at which, such absent electors may vote, 
and for the return and canvass of their votes in the election dis¬ 
tricts in which they respectively reside. 


The qualifications for voting, unless on military 
duty, are: 

(a) A citizen of the United States. 

(b) Twenty-one years of age. 

(c) A resident of the state for one year. 

(d) A resident of the county in which he votes 
for five months. 

Enumerate the disqualifications and determine 
how a person disqualified can be restored to the 
right of suffrage. 

2. The legislature may pass laws to deprive persons of the right Bribery, 
of suffrage who shall be convicted of bribery. 

Bribery is the act or practice of buying another’s 
influence or action against the interests of the public. 


66 CONSTITUTION OF THE STATE OF NEW JERSEY 


Depart¬ 
ments of 
Govern¬ 
ment. 


Legisla¬ 

ture. 


ARTICLE III 

DISTRIBUTION OF THE POWERS OF 
GOVERNMENT ' 

1. The powers of the government shall be divided into three 
distinct departments—the legislative, executive, and judicial; 
and no person or persons belonging to, or constituting one of 
these departments, shall exercise any of the powers properly 
belonging to either of the others, except as herein expressly 
provided. 

Similar to the organization of the national gov¬ 
ernment, this section provides for legislative (law¬ 
making), executive (law-executing), and judicial 
(law-interpreting) departments. 

The value of such an organization has already 
been discussed in connection with the national gov¬ 
ernment. The prohibitive clause forbids one depart¬ 
ment of government from interfering in or encroach¬ 
ing on the powers that belong to another. 

ARTICLE IV 

LEGISLATIVE 
SECTION I 

1. The legislative power shall be vested in a senate and gen¬ 
eral assembly. 

This section gives law-making powers to the sen¬ 
ate and general assembly. 

The legislature, however, is limited in its powers 


CONSTITUTION OF THE STATE OF NEW JERSEY 67 

regarding certain civil rights which rightfully belong 
to the people. For example, it cannot take private 
property for public use without just compensation. 

2. No person shall be a member of the senate who shall not Qualifica- 
have attained the age of thirty years, and have been a citizen tions of 
and inhabitant of the State for four years, and of the county for Members, 
which he shall be chosen one year, next before his election; and 
no person shall be a member of the general assembly who shall 
not have attained the age of twenty-one years, and been a citi¬ 
zen and inhabitant of the State for two years, and of the county 
for which he shall be chosen one year next before his election; 
provided, that no person shall be eligible as a member of either 
house of the legislature, who shall not be entitled to the right of 
suffrage. 

Comparison of Qualifications 



Senator 

Member of 

Years of age. 

30 

Assembly 

21 

Years citizen and inhabitant 
of state. 

4 

2 

Years citizen and inhabitant 
of county . 

1 

1 

Legal voter . 

Yes 

Yes 


Both must be citizens and inhabitant for one year 
in the county from which they are chosen, and 
must have the qualifications of a legal voter. 


3. Members of the senate and general assembly shall be elected Elections, 
yearly and every year, on the first Tuesday after the first Mon¬ 
day in November; and the two houses shall meet separately on 
the second Tuesday in January next after the said day of election, 
at which time of meeting the legislative year shall commence; 
but the time of holding such election may be altered by the 
legislature. 






Number of 
Senators; 
Term of 
Office. 


How 

Classified. 


68 CONSTITUTION OF THE STATE OF NEW JERSEY 

The time of election is the same as provided in 
the national Constitution. In New Jersey an elec¬ 
tion is held each year. The legislative year begins 
with separate meetings of the two houses on the 
second Tuesday in January after election. 


SECTION II 

1. The senate shall be composed of one senator from each 
county in the State, elected by the legal voters of the counties, 
respectively, for three years. 

There are twenty-one counties in the state and 
one senator is elected from each for a term of three 
years. 

The senate is reorganized annually and is not a 
continuous body. 

2. As soon as the senate shall meet after the first election to 
be held in pursuance of this constitution, they shall be divided 
as equally as may be into three classes. The seats of the sena¬ 
tors of the first class shall be vacated at the expiration of the 
first year; of the second class at the expiration of the -second 
year; and of the third class at the expiration of the third year, 
so that one class may be elected every year; and if vacancies 
happen, by resignation or otherwise, the persons elected to sup¬ 
ply such vacancies shall be elected for the unexpired terms only. 

Senators are divided into three classes as indi¬ 
cated in this section. One third of the senators 
(one class) retire yearly and are renewed for a term 
of three years at the election. Persons elected to 
supply vacancies hold office only until the expira¬ 
tion of the term of office vacated. 


CONSTITUTION OF THE STATE OF NEW JERSEY 69 


SECTION III 


1. The general assembly shall be composed of members an¬ 
nually elected by the legal voters of the counties, respectively, 
who shall be apportioned among the said counties as nearly as 
may be according to the number of their inhabitants. The pres¬ 
ent apportionment shall continue until the next census of the 
United States shall have been taken, and an apportionment of 
members of the general assembly shall be made by the legisla¬ 
ture at its first session after the next and every subsequent 
enumeration of census, and when made shall remain unaltered 
until another enumeration shall have been taken; provided, that 
each county shall at all times be entitled to one member; and 
the whole number of members shall never exceed sixty. 


Members 

of 

Assembly; 

Apportion¬ 

ment 


Members of the general assembly are elected 
each year by the voters of their respective districts. 
After and on the basis of each census the general 
assembly passes an act indicating the number of 
members to be elected from each county. Counties 
cannot be divided into assembly districts. The 
general assembly has sixty members. “Apportion¬ 
ment” consists in dividing the population of the 
state by sixty, and dividing the population of each 
county by this result. A correction must then be 
made because each county regardless of population 
is entitled to one member. The counties of larger 
population are then assigned more members to 
equalize representation. 


SECTION iv 

1. Each house shall direct writs of election for supplying Vacancies, 
vacancies, occasioned by death, resignation, or otherwise; but if 


Quorum. 


Officers; 

Rules. 


Journals. 


70 CONSTITUTION OF THE STATE OF NEW JERSEY 

vacancies occur during the recess of the legislature, the writs 
may be issued by the governor, under such regulations as may be 
prescribed by law. 


Vacancies are filled by elections under the condi¬ 
tions mentioned. 

2. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 


Similar to the plan of the national government 
each house passes on the qualifications of its own 
members. A majority of the members must be 
present to carry on business. 

Less than this number does not constitute a 
quorum but has the power to adjourn and compel 
attendance under certain conditions. 

3. Each house shall choose its own officers, determine the rules 
of its proceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, may expel a member. 


This clause gives each house sufficient power to 
preserve its dignity and assure the state of repre¬ 
sentation by people of character. 

4. Each house shall keep a journal of its proceedings, and from 
time to time publish the same; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 


CONSTITUTION OF THE STATE OF NEW JERSEY 71 

A public record gives the citizens of the state an 
opportunity to trace the record of the person rep¬ 
resenting them. 

The right of one-fifth present to record a vote 
holds a representative accountable for his action. 

5. Neither house, during the session of the legislature, shall, Adjourn 
without the consent of the other, adjourn for more than three ments. 
days, nor to any other place than that in which the two houses 
shall be sitting. 


Since both houses are concerned in the business 
of legislation one cannot have the power to delay 
the other. 

6. All bills and joint resolutions shall be read three times in Bills, 
each house, before the final passage thereof; and no bill or 
joint resolution shall pass unless there be a majority of all the 
members of each body personally present and agreeing thereto; 
and the yeas and nays of the members voting on such final pas¬ 
sage shall be entered on the journal. 

Entire bills are not read three times, as indicated 
in this paragraph because of delay. Reading the 
title for at least one of the three times has been held 
as sufficient. Final passage of a bill requires a 
quorum present and the votes are recorded. 


7. Members of the senate and general assembly shall receive Compensa- 
annually the sum of five hundred dollars during the time for tion. 
which they shall have been elected and while they shall hold 
their office, and no other allowance or emolument, directly or 
indirectly, for any purpose whatever. The president of the sen¬ 
ate and the speaker of the house of assembly shall, in virtue of 
their offices, receive an additional compensation, equal to one- 
third of their allowance as members. 


Privileges 

of 

Members. 


Appoint¬ 
ment to 
Office. 


72 CONSTITUTION OF THE STATE OF NEW JERSEY 

The salaries of legislators should never be high 
enough to attract men to the office merely for salary 
alone. There is a higher obligation that comes with 
the desire to serve one’s state, and compensation 
is secondary. 

8. Members of the senate and general assembly shall, in all 
cases except treason, felony and breach of the peace, be privi¬ 
leged from arrest during their attendance at the sitting of their 
respective houses, and in going to and returning from the same; 
and for any speech or debate, in either house, they shall not be 
questioned in any other place. 

It is just that there should be no interference with 
the men who make our laws. Unrestricted power 
to express an opinion may be vital to our welfare. 
A member guilty of the exceptions would endanger 
our government. 


section v 

1. No member of the senate or general assembly shall, during 
the time for which he was elepted, be nominated or appointed 
by the governor or by the legislature in joint meeting, to any 
civil office under the authority of this State , which shall have 
been created, or the emoluments whereof shall have been in¬ 
creased, during such time. 

Holding more than one office under the authority 
of the state would give overlapping power and would 
endanger democratic government. It would place 
a premium on creating offices and increasing salaries 
for private rather than public benefit. 

2. If any member of the senate or general assembly shall be 
elected to represent this state in the senate or house of repre- 


CONSTITUTION OF THE STATE OF NEW JERSEY 73 

sentatives of the United States, and shall accept thereof, or shall 
accept of any office or appointment under the government of the 
United States, his seat in the legislature of this State shall there¬ 
by be vacated. 

There is real danger in having the same person 
represent us in national and state government. It 
has a tendency to destroy the check and balance 
system so necessary to the success of a government 
such as ours. 

3. No justice of the supreme court, nor judge of any other 
court, sheriff, justice of the peace, nor any person or persons 
possessed of any office of profit under the government of this 
state, shall be entitled to a seat either in the senate or in the 
general assembly; but, on being elected and taking his seat his 
office shall be considered vacant; and no person holding any 
office of profit under the government of the United States shall 
be entitled to a seat in either house. 

This paragraph further emphasizes the dangers 
of holding offices in different departments of state 
and federal government. 

SECTION VI 

1. Revenue bills originate in house of assembly. All bills for Revenue 
raising revenue shall originate in the house of assembly; but the Bills, 
senate may propose or concur with amendments, as on other 
bills. 

As in the national government, all bills for the 
expenditure of money arise in the house of assembly. 

Because of the manner and mode of election of its 
members, this body was intended to be more rep¬ 
resentative of the people. The senate, however, is 
given power to exercise a check on such bills. 


Vacation 
of Seat in 
Senate or 
General 
Assembly. 


Who 

Ineligible. 


Money. 


Credit of 
State. 


Limitation 
on Debts; 
Excep¬ 
tions. 


74 CONSTITUTION OF THE STATE OF NEW JERSEY 

2. No money shall be drawn from the treasury but for appro¬ 
priations made by law. 

This paragraph safeguards the treasury. 

3. The credit of the State shall not be directly or indirectly 
loaned in any case. 

The makers of the constitution realized that a 
state’s credit determines its existence, and were care¬ 
ful to protect it from private interests, 

4. The legislature shall not, in any manner, create any debt or 
debts, liability or liabilities, of the State which shall, singly or 
in the aggregate with any previous debts or liabilities, at any 
time exceed one hundred thousand dollars, except for purposes 
of war, or to repel invasion, or to suppress insurrection, unless 
the same shall be authorized by a law for some single object or 
work, to be distinctly specified therein; which law shall provide 
the ways and means, exclusive of loans, to pay the interest of 
such debt or liability as it falls due, and also to pay and dis¬ 
charge the principal of such debt or liability within thirty-five 
years from the time of the contracting thereof, and shall be 
irrepealable until such debt or liability, and the interest thereon, 
are fully paid and discharged; and no such law shall take effect 
until it shall, at a general election, have been submitted to the 
people, and have received the sanction of a majority of all the 
votes cast for and against it at such election; and all money to 
be raised by the authority of such law shall be applied only to 
the specific object stated therein, and to the payment of the 
debt thereby created. This section shall not be construed to 
refer to any money that has been, or may be, deposited with 
this State by the government of the United States. 


This paragraph protects the credit of the state 
from extravagant legislators. Before bonds are is¬ 
sued an act must also receive an affirmative vote of 
the people before being authorized. 


CONSTITUTION OF THE STATE OF NEW JERSEY 75 


There are definite limitations here on the amount 
of indebtedness, the ability to discharge the pro¬ 
posed debt, and a time limit is imposed to duly 
protect the credit of the state with certain excep¬ 
tions. 


SECTION VII 

1. No divorce shall be granted by the legislature. 

The first divorces granted in America were by the 
legislature, there being no courts with this juris¬ 
diction. Because of the varied religious beliefs and 
different social standards this led to very unsatis¬ 
factory conditions. For this reason the above para¬ 
graph became part of your constitution to guard 
against future evils that might develop. 

The court of chancery now has jurisdiction of all 
cases of divorce. 

2. No lottery shall be authorized by the legislature or other¬ 
wise in this State, and no ticket in any lottery shall be bought 
or sold within this State, nor shall pool-selling, book-making or 
gambling of any kind be authorized or allowed within this State, 
nor shall any gambling device, practice or game of chance now 
prohibited by law be legalized, or the remedy, penalty or punish¬ 
ment now provided therefor be in any way diminished. 

The evils of gambling are well known. This para¬ 
graph protects those citizens who do not have the 
foresight or the desire to safeguard their own in¬ 
terests. The best citizen does not “take chances”; 
he requires something of value for his money. 

Every prohibition mentioned is in the interests 
of good citizenship. 


Divorce, 


Lotteries, 


76 CONSTITUTION OF THE STATE OF NEW JERSEY 


Attainder 
and Ex 
Post Facto 
Law. 


Laws 

Embrace 

One 

Object. 


Enacting. 


3. The legislature shall not pass any bin of attainder, ex post 
facto law, or law impairing the obligation of contracts, or depriv¬ 
ing a party of any remedy for enforcing a contract which ex¬ 
isted when the contract was made. 

The legislature cannot destroy a contract or the 
right of enforcing a* contract by a legislative act. A 
good citizen fulfills the obligations of his contracts, 
regardless of the consequences to himself. 

4. To avoid improper influences which may result from inter¬ 
mixing in one and the same act such things as have no proper 
relation to each other, every law shall embrace but one object, 
and that shall be expressed in the title. No law shall be revived 
or amended by reference to its title only; but the act revived, 
or the section or sections amended, shall be inserted at length. 
No general law shall embrace any provisions of a private, special 
or local character. No act shall be passed which shall provide 
that any existing law, or any part thereof, shall be made or 
deemed a part of the act, or which shall enact that any existing 
law, or any part thereof, shall be applicable, except by inserting 
it in such act. 

This paragraph requires the object or general in¬ 
tent of every law to be expressed in the title. It 
makes the language of an act more definite and does 
not allow undesirable features to be concealed from 
the citizen when the bill is proposed. Restating the 
old laws rather than amending by title serves to 
avoid confusion. 

5. The laws of this State shall begin in the following style: 
“Be it enacted by the Senate and General Assembly of the State 
of New Jersey.” 

Here we have the form prescribed for writing a 
bill. The language as given is found in every legis¬ 
lative act. 


CONSTITUTION OF THE STATE OF NEW JERSEY 77 


6. The fund for the support of free schools, and all money, 
stock and other property which may hereafter be • appropriated 
for that purpose, or received into the treasury under the pro¬ 
vision of any law heretofore passed to augment the said fund, 
shall be securely invested and remain a perpetual fund; and the 
income thereof, except so much as it may be judged expedient 
to apply to an increase of the capital, shall be annually appro¬ 
priated to the support of public free schools, for the equal benefit 
of all the people of the State; and it shall not be competent for 
the legislature to borrow, appropriate or use the said fund, or any 
part thereof, for any other purpose, under any pretense what¬ 
ever. The legislature shall provide for the maintenance and 
support of a thorough and efficient system of free public schools 
for the instruction of all the children in this State between the 
ages of five and eighteen years. 

In some states, school funds have been squandered 
because the men who prepared their constitutions 
did not realize the value and future needs of educa¬ 
tion. 

This paragraph does not limit expenditures for 
schools at public expense out of the general funds 
of the state. It does prohibit the legislature from 
using any part of the state school fund. The in¬ 
come, however, is applied to the support of public 
schools. 

The legislature is authorized to use its own judg¬ 
ment, with few exceptions, in providing for public 
education. 

7. No private or special law shall be passed authorizing the 
sale of any lands belonging in whole or in part to a minor or 
minors, or other persons who may at the time be under any 
legal disability to act for themselves. 

A state reserves the right to protect its citizens 
until they are of sufficient age to protect themselves. 


Educa¬ 

tional. 


Rights of 
Minors. 


Compensa¬ 
tion for 
Public 
Use of 
Property. 


Special 

Bills. 


Chancery 

Powers. 


78 CONSTITUTION OF THE STATE OF NEW JERSEY 

8. Individuals or private corporations shall not be authorized 
to take private property for public use, without just compensa¬ 
tion first made to the owners. 

The property owner is in this way protected 
against powerful corporations. 

Railroads and corporations must pay just com¬ 
pensation to the owner for the use of his property. 

9. No private, special, or local bill shall be passed unless pub¬ 
lic notice of the intention to apply therefor, and of the general 
object thereof, shall have' been previously given. The legisla¬ 
ture, at the next session after the adoption hereof, and from time 
to time thereafter, shall prescribe the time and mode of giving 
such notice, the evidence thereof, and how such evidence shall 
be preserved. 

The makers of the constitution took opportunity 
here to indirectly remind the citizens of the state 
that they have a responsibility in the laws enacted. 
It is easy for a citizen to be careless about reading 
legal notices and keeping himself informed on sub¬ 
jects that vitally affect his rights. The average 
citizen thinks of such notices as merely legal pro¬ 
cedure. Neglect to investigate and raise an objec¬ 
tion to unsatisfactory laws often results in unde¬ 
sirable legislation. % 

10. The legislature may vest in the circuit courts, or courts of 
common pleas within the several counties of this State, chancery 
powers, so far as relates to the foreclosure of mortgages and sale 
of mortgaged premises. 

Sometimes “chancery powers” are granted to re¬ 
lieve certain courts, and at other times for the better 
accommodation of the citizens. “Chancery powers” 


CONSTITUTION OF THE STATE OF NEW JERSEY 79 


are granted by the legislature to courts, enabling 
them to do justice in cases not definitely covered by 
the laws, because it is impossible to anticipate in 
detail every point that may arise. 

11. The legislature shall not pass private, local or special laws 
in any of the following enumerated cases; that is to say: 

Laying out, opening, altering and working roads or highways. 

Vacating any road, town plot, street, alley or public grounds. 

Regulating the internal affairs of towns and counties; ap¬ 
pointing local offices or commissions to regulate municipal 
affairs. 

Selecting, drawing, summoning or empaneling grand or petit 
jurors. 

Creating, increasing or decreasing the percentage or allowance 
of public officers during the term for which said officers were 
elected or appointed. 

Changing the law of descent. 

Granting to any corporation, association or individual any 
exclusive privilege, immunity or franchise whatever. 

Granting to any corporation, association or individual the 
right to lay down railroad tracks. 

Providing for changes of venue in civil or criminal cases. 

Providing for the management and support of free public 
schools. 

The legislature, shall pass general laws providing for the cases 
enumerated in this paragraph, and for all other cases which, in 
its judgment, may be provided for by general laws. The legis¬ 
lature shall pass no special act conferring corporate powers, but 
they shall pass general laws under which corporations may be 
organized and corporate powers of every nature obtained, sub¬ 
ject, nevertheless, to repeal or alteration at the will of the 
legislature. 

The whole paragraph is operative only on future 
legislation and does not affect what has been done 
in the past. It will be interesting to examine care- 


Laws Not 
to be 
Passed. 


Taxation. 


Members; 
Oath of 
Office. 


80 CONSTITUTION OF THE STATE OF NEW JERSEY 

fully each enumerated case and justify its restriction 
from future legislation. 

12. Property shall be assessed for taxes under general laws, and 
by uniform rules, according to its true value. 

With few exceptions, this paragraph gives the 
legislature unlimited powers to impose taxes on per¬ 
sons, property, business, and franchises. “Uniform 
rules” does not refer to the machinery of assessing 
property and collecting taxes, but to the problem 
of apportioning the burden among the people and 
classifying the property to be assessed. Many states 
have made a mistake in not assessing property ac¬ 
cording tO' its true value. 

SECTION VIII 

1. Members of the legislature shall, before they enter on the 
duties of their respective offices, take and subscribe the follow¬ 
ing oath or affirmation: 

“I do solemnly swear (or affirm, as the case may be) that I 
will support the constitution of the United States and the con¬ 
stitution of the State of New Jersey, and that I will faithfully 
discharge the duties of senator (or member of the general assem¬ 
bly, as the case may be) according to the best of my ability.” 

And members-elect of the senate or general assembly are 
hereby empowered to administer to each other the said oath or 
affirmation. 

You have learned elsewhere in this book why the 
word “affirmation” is inserted. The “Constitution 
of the United States” is inserted in the oath to re¬ 
mind the members of New Jersey’s relation to the 
nation, and to keep them ever mindful of their ob¬ 
ligation to the nation as well as the state. 


CONSTITUTION OF THE STATE OF NEW JERSEY 81 


2. Every officer of the legislature shall, before he enters upon 
his duties, take and subscribe the following oath or affirmation: 
“I do solemnly promise and swear (or affirm) that I will faith¬ 
fully, impartially and justly perform all the duties of the office 

., to the best of my ability and understanding; that I 

will carefully preserve all records, papers, writings or property in¬ 
trusted to me for safe-keeping by virtue of my office, and make 
such disposition of the same as may be required by law.” 

Compare this oath of office with the oath in para¬ 
graph one, and try to account for the difference in 
wording. 

ARTICLE V 

EXECUTIVE 

1. The executive power shall be vested in a governor. 

The governor is given power to enforce the laws 
and is delegated the chief executive officer of the 
state. 

2. The governor shall be elected by the legal voters of this 
State. The person having the highest number of votes shall be 
the governor; but if two or more shall be equal and highest in 
votes, one of them shall be chosen governor by the vote of a 
majority of the members of both houses in joint meeting. Con¬ 
tested elections for the office of governor shall be determined 
in such manner as the legislature shall direct by law. When a 
governor is to be elected by the people, such election shall be 
held at the time when and at the places where the people shall 
respectively vote for members of the legislature. 

A governor is elected every third year by the legal 
voters of the state at the time and at the polling 
places designated for the election of members of the 


Oath of 
Officers. 


Executive 

Power. 


Governor, 

Election. 



Term. 


Qualifica¬ 

tions. 


82 CONSTITUTION OF THE STATE OF NEW JERSEY 

legislature. In case of a “tie vote” the two houses 
in joint session choose the governor from the two 
candidates having the highest number of votes. 
Sometimes elections are contested because of 
charges of irregularity. The power to settle such 
disputes rests with the legislature. 

3. The governor shall hold his office for three years, to com¬ 
mence on the third Tuesday of January next ensuing the elec¬ 
tion for governor by the people, and to end on the Monday pre¬ 
ceding the third Tuesday of January, three years thereafter; 
and he shall be incapable of holding that office for three years 
next after his term of service shall have expired; and no appoint¬ 
ment or nomination to office shall be made by the governor 
during the last week of his said term. 

The governor is elected for a term of three years 
and cannot succeed himself. He is eligible to the 
office again after a period of three years from the 
close of his term. He takes office on the third Tues¬ 
day in January, a week after the two houses meet 
first in separate session. The governor cannot make 
appointments to office during the first week of his 
term. 

4. The governor shall be not less than thirty years of age, 
and shall have been for twenty years, at least, a citizen of the 
United States, and a resident of this State seven years next 
before his election, unless he shall have been absent during that 
time on the public business of the United States or of this 
State. 

The governor shall be not less than thirty years 
of age. He shall have been, for at least twenty 
years, a citizen of the United States, and a resident 


CONSTITUTION OF THE STATE OF NEW JERSEY 83 


of this state seven years next prior to his election, 
unless he shall have been absent during that time 
on the public business of the United States or of this 
state. 

Compare the qualifications of the governor with 
the table under clause two, Section I of Article IV. 

5. The governor shall, at stated times, receive for his services 
a compensation which shall be neither increased nor diminished 
during the period for which he shall have been elected. 

The govenor’s salary is five thousand dollars per 
year and cannot be increased or decreased during 
his term of office. This clause guards against an 
officeholder being a party to increasing his own sal¬ 
ary. If the salary of the governor is increased during 
his term or before his second or next term of office, 
he can, if elected again, enjoy the increase in salary. 

6. He shall be the commander-in-chief of all the military and 
naval forces of the State; he shall have power to convene the 
legislature, or the senate alone, whenever in his opinion public 
necessity requires it; he shall communicate by message to the 
legislature at the opening of each session, and at such other 
times as he may deem necessary the condition of the State, and 
recommend such measures as he may deem expedient; he shall 
take care that the laws be faithfully executed, and grant, under 
the great seal of the State, commissions to all such officers as 
shall be required to be commissioned. 

A governor is given military power so thu,t he can 
better perform his duty to enforce the law “when 
public necessity requires it.” 

His message to the legislature outlines his pro¬ 
gram and plans, and treats of the problems and 


Compensa¬ 

tion. 


General 

Powers. 


84 CONSTITUTION OF THE STATE OF NEW JERSEY 


Approval 
of Bills. 


needs of the state with recommendations for their 
solution. It will be interesting to secure a copy of 
the school edition of the Legislative Manual, State 
of New Jersey, and read the last message of your 
governor. 

7. Every bill which shall have passed both houses shall be 
presented to the governor; if he approve he shall sign it, but if 
not, he shall return it, with his objections, to the house in which 
it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it; if, after such 
reconsideration, a majority of the whole number of that house 
shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be 
reconsidered, and if approved of by a majority of the whole 
number of that house, it shall become a law; but in neither 
house shall the vote be taken on the same day on which the bill 
shall be returned to it; and in all such cases, the votes of both 
houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the governor, within five days (Sunday excepted) 
after it shall have been presented to him, the same shall be a law 
in like manner as if he had signed it, unless the legislature by 
their adjournment prevent its return, in which case it shall not 
be a law. If any bill presented to the governor contain several 
items of appropriations of money, he may object to one or more 
of such items while approving of the other portions of the bill. 
In such case he shall append to the bill, at the time of signing 
it, a statement of the items to which he objects, and the appro¬ 
priation so objected to shall not take effect. If the legislature 
be in session he shall transmit to the house in which the bill 
originated a copy of such statement, and the items objected 
to shall be separately reconsidered. If, on reconsideration, one 
or more of such items be approved by a majority of the members 
elected to each house, the same shall be a part of the law, not¬ 
withstanding the objections of the governor. All the provisions 
of this section in relation to bills not approved by the governor 


CONSTITUTION OF THE STATE OF NEW JERSEY 85 


shall apply to cases in which he shall withhold his approval 
from any item or items contained in a bill appropriating money. 


This paragraph provides three ways by which a 
bill may become a law: 

(1) When passed by both houses and signed by 
the governor. 

(2) When returned unsigned within five days to 
the house in which it originated with the governor’s 
objections, and, after reconsideration, is approved 
by a majority of both houses. 

(3) When passed by both houses and is retained 
by the governor for more than five days (Sunday 
excepted) while the legislature is in session. 


8. No member of congress, or person holding an office under 
the United Stages, or this State, shall exercise the office of gov¬ 
ernor; and in case the governor, or person administering the 
government shall accept any office under the United States, or 
this State, his office of governor shall thereupon be vacant. Nor 
shall he be elected by the legislature to any office under the 
government of this State or of the United States, during the term 
for which he shall have been elected governor. 

A governor cannot hold any other constitutional 
office, state or national, during his term. Nor can an 
officer of the national government become governor 
unless he resigns his other constitutional office. 

% 

9. The governor, or person administering the government, 
shall have power to suspend the collection of fines and forfeit¬ 
ures, and to grant reprieves, to extend until the expiration of a 
time not exceeding ninety days after conviction; but this power 
shall not extend to cases of impeachment. 


Ineligi¬ 

bility. 


Fines, For¬ 
feitures, 
Reprieves. 


86 CONSTITUTION OF THE STATE OF NEW JERSEY 


Pardons. 


Impeach¬ 

ment. 


Vacancies. 


The governor may grant reprieves for offenses 
committed against the state for a period of ninety 
days if he acts within ninety days after the sentence 
by the court. 

Interference by the governor in cases of impeach¬ 
ment would be opposed to the public welfare because 
he could favor an officer adjudged unfit. 

10. The governor, or person administering the government, 
the chancellor, and the six judges of the court of errors and 
appeals, or a major part of them, of whom the governor, or per¬ 
son administering the government, shall be one, may remit fines 
and forfeitures, and grant pardons, after convictions, in all cases 
except impeachment. 

A pardon remits a penalty. The Court of Par¬ 
dons consists of the governor, chancellor, and judges 
of the Court of Errors and Appeals. The clerk is the 
secretary of state. 

11. The governor and all other civil officers under this State 
shall be liable to impeachment for misdemeanor in office during 
their continuance in office, and for two years thereafter. 


The governor and other civil officers are held liable 
for trial while in office and for two years after their 
terms have expired. 

Impeachment is defined and discussed in relation 
to the national government in the section on the 
United States Constitution. 

12. In case of the death, resignation or removal from office 
of the governor, the powers, duties and emoluments of the office 
shall devolve upon the president of the senate, and in case of his 
death, resignation or removal, then upon the speaker of the 


CONSTITUTION OF THE STATE OF NEW JERSEY 87 


house of assembly, for the time being, until another governor 
shall be elected and qualified; but in such case another governor 
shall be chosen at the next election for members of the legisla¬ 
ture, unless such death, resignation or removal shall occur within 
thirty days immediately preceding such next election, in which 
case a governor shall be chosen at the second succeeding election 
for members of the legislature. When a vacancy happens, during 
the recess of the legislature, in any office which is to be filled by 
the governor and senate, or by the legislature, in joint meeting, 
the governor shall fill such vacancy and the commission shall 
expire at the end of the next session of the legislature, unless a 
successor shall be sooner appointed; when a vacancy happens in 
the office of clerk or surrogate of any county, the governor shall 
fill such vacancy, and the commission shall expire when a suc¬ 
cessor is elected and qualified. No person who shall have been 
nominated to the senate by the governor for any office of trust 
or profit under the government of this State, and shall not have 
been confirmed before the recess of the legislature, shall be 
eligible for appointment to such office during the continuance of 
such recess. 

In case the office of governor is vacated for the 
reasons mentioned in this paragraph, the president 
of the senate becomes governor. He acts in this 
capacity until the next annual election for members 
of the legislature is called, and the governor elected 
at that time takes office. 

The speaker of the house of assembly is next in 
order of succession. 

The governor has great appointive power with 
certain restrictions. 

13. In case of the impeachment of the governor, his absence 
from the State or inability to discharge the duties of his office, 
the powers, duties and emoluments of the office shall devolve 
upon the president of the senate; and in case of his death, 
resignation or removal, then upon the speaker of the house of 


Impeach¬ 
ment Pro¬ 
visions. 


Succes¬ 

sion. 


Court of 
Errors and 
Appeals. 


88 CONSTITUTION OF THE STATE OF NEW JERSEY 

assembly for the time being, until the governor, absent or im¬ 
peached, shall return or be acquitted, or until the disqualification 
or inability shall cease, or until a new governor be elected and 
qualified. 

It is reasonable to assume that an officer under 
charge of abusing the privileges of his office should 
have his powers removed until such are established. 
The same provision is made for succession here as 
in paragraph twelve. 

14. In case of a vacancy in the office of governor from any 
other cause than those herein enumerated, or in case of the 
death of the governor-elect before he is qualified into office, the 
powers, duties and emoluments of the office shall devolve upon 
the president of the senate or speaker of the house of assembly, 
as above provided for, until a new governor be elected and 
qualified. 

This section removes the possibility of the state 
being without a governor. The same order of suc¬ 
cession prevails as provided elsewhere in this article. 

ARTICLE VI 

JUDICIARY 
SECTION I 

1. The judicial power shall be vested in a court of errors and 
appeals in the last resort in all causes as heretofore; a court for 
the trial of impeachments; a court of chancery; a prerogative 
court; a supreme court; circuit courts, and such inferior courts 
as now exist, and as may be hereafter ordained and established 
by law; which inferior courts the legislature may alter or abolish, 
as the public good shall require. 


CONSTITUTION OF THE STATE OF NEW JERSEY 89 


This is the court of last resort in all cases, and is 
composed of the chancellor, the chief justice, and 
six specially appointed justices of the Supreme 
Court. 

The legislature cannot impair the jurisdiction of 
this court because it is a constitutional court. 

It is the highest tribunal in the state, from which 
there is no appeal. 


SECTION II 

1. The court of errors and appeals shall consist of the chan¬ 
cellor, the justices of the supreme court, and six judges, or a 
major part of them; which judges are to be appointed for six 
years. 

This paragraph gives the number of members who 
constitute the Court of Errors and Appeals, and 
designates the term of office as six years. 

2. Immediately after the court shall first assemble, the six 
judges shall arrange themselves in such manner that the seat of 
one of them shall be vacated every year, in order that thereafter 
one judge may be annually appointed. 

The six judges, when assembled for the first time, 
were given power to arrange a term for each member 
so that thereafter the term of one member would 
expire each year. Consequently there is one judge 
of this court appointed each year. 

3. Such of the six judges as shall attend the court shall receive, 
respectively, a per diem compensation, to be provided by law. 

The judges are now paid a salary of forty dollars 
a day. 


Composi¬ 
tion of 
Court. 


Judges. 


Compensa¬ 

tion. 


Clerk. 


Appeals. 


Writ of 
Error. 


Impeach¬ 

ment. 


90 CONSTITUTION OF THE STATE OF NEW JERSEY 

4. The secretaiy of state shall be the clerk of this court 


The secretary of state is secretary of the court by 
right of office. 

5. When an appeal from an order or decree shall be heard, the 
chancellor shall inform the court, in writing, of the reasons for 
his order or decree; but he shall not sit as a member, or have a 
voice in the hearing or final sentence. 

This paragraph places restrictions on the chancel¬ 
lor so that he will not have an opportunity to in¬ 
fluence decisions. 

6. When a writ of error shall be brought, no justice who has 
given a judicial opinion in the cause in favor of or against any 
error complained of, shall sit as a member, or have a voice in the 
hearing, or for its affirmance or reversal; but the reasons for 
such opinion shall be assigned to the court in writing. 

When an appeal is made for the judicial opinion 
of this court, no judge who has passed an opinion on 
or concurred in the judgment in the “case” so 
brought from a lower court is entitled to sit as a 
member or have a voice in the hearing. 

SECTION III 

1. The house of assembly shall have the sole power of im¬ 
peaching, by a vote of a majority of all the members; and 
all impeachments shall be tried by the senate; the members, 
when sitting for that purpose, to be on oath or affirmation “truly 
and impartially to try and determine the charge in question 
according to evidence”; and no person shall be convicted with¬ 
out the concurrence of two-thirds of all the members of the 
senate. 


CONSTITUTION OF THE STATE OF NEW JERSEY 91 


This paragraph gives the house of assembly the 
sole power of impeachment by a majority vote. 
The members of the house of assembly conduct the 
trial, and the senate acts as a jury. A two-thirds 
vote is necessary for the conviction of the judge so 
charged. 

2. Any judicial officer impeached shall be suspended from 
exercising his office until his acquittal. 

After his “term of suspension” a judge resumes 
office again if he is found “not guilty” of the charges 
lodged against him. 

3. Judgment in case of impeachment shall not extend farther 
than to removal from office, and to disqualification to hold and 
enjoy any office of honor, profit or trust under this State; but 
the party convicted shall, nevertheless, be liable to indictment, 
trial and punishment according to law. 

If a judge is found “guilty” in the trial, he cannot 
have any greater penalty inflicted on him than that 
of ineligibility to other state offices of trust and re¬ 
moval from office. This trial, however, does not 
remove the possibility of indictment and trial in 
the courts, 

4. The secretary of state shall be the clerk of this court. 


SECTION IV 

1. The court of chancery shall consist of a chancellor. 

The court of chancery now consists of a chancellor 
and ten vice chancellors. 


Suspension 

During 

Trial. 


Effect of 
Judgment, 


Clerk. 


Chancery. 


Prerog¬ 

ative 

Court. 


Orphans’ 

Court. 


92 CONSTITUTION OF THE STATE OF NEW JERSEY 

2. The chancellor shall be the ordinary or surrogate general, 
and judge of the prerogative court. 

The chancellor is the judge of this court, which 
has authority to grant the probate of wills, letters 
of administration, and the settlement arising out of 
the same. Its decisions can be appealed to the 
Court of Errors and Appeals. 

3. All persons aggrieved by any order, sentence or decree of 
the orphans’ court, may appeal from the same, or from any part 
thereof to the prerogative court; but such order, sentence or 
decree shall not be removed into the supreme court, or circuit 
court if the subject-matter thereof be within the jurisdiction of 
the orphans’ court. 

This court is in charge of the judge of the Court 
of Common Pleas. The justices of the Supreme 
Court are judges ex officio. This court decides dis¬ 
putes relating to wills, accounts of executors of 
estates, and the recovery of property rightfully be¬ 
longing to heirs. In order to protect the best inter¬ 
ests of persons seeking relief in this court, special 
provision is made for appeals from its decisions. In 
such cases a “Writ of Certiorari” may be necessary. 
“Certiorari” means “to be certified,” and is an order 
from a higher court to a lower court to send up cer¬ 
tain papers required by the higher court. “This writ 
prevents the lower court from blocking the actions 
on an appealed case in a higher court by refusing 
to send up important documents needed in the case.” 

4. This paragraph delegates the secretary of state as register 
of this court. 


Register. 


CONSTITUTION OF THE STATE OF NEW JERSEY 93 


SECTION V 

1. The supreme court shall consist of a chief justice and four Supreme 
associate justices. The number of associate justices may be Court, 
increased or decreased by law, but shall never be less than two. 

The chief justice and eight associate justices now 
compose the Supreme Court. Any one of the nine 
justices may hold court. The court meets at Tren¬ 
ton the third Tuesday in February and the first 
Tuesdays, respectively, of June and November. 

Special terms may be ordered if necessary. It has 
jurisidiction over all real, personal, or mixed actions 
at common law, and has the power to decide when 
the laws and joint resolutions have not been duly 
passed and approved. It has power to review the 
proceedings of other courts, and the only appeal is 
to the Court of Errors and Appeals, The court is 
now divided into parts I, II, and III, because it has 
grown to such an extent since this constitution was 
adopted. 


2. The circuit courts shall be held in every county of this Circuit 
State, by one or more of the justices of the supreme court, or Court, 
a judge appointed for that purpose, and shall, in all cases within 
the county except in those of a criminal nature, have common 
law jurisdiction, concurrent with the supreme court; and any 
final judgment of a circuit court may be docketed in the supreme 
court, and shall operate as a judgment obtained in the supreme 
court from the time of such docketing. 

This court has equal authority, i.e., “concurrent 
jurisdiction” with the supreme court except in crim¬ 
inal cases. It has authority to try supreme court 


94 CONSTITUTION OF THE STATE OF NEW JERSEY 

issues and holds three stated terms annually, and a 
special term when so ordered by a justice of the 
supreme court. 

Appeals from the final judgment of this court 
are taken to the Court of Errors and Appeals. 

There are now ten judges in this court appointed 
by the governor. 

Appeals. 3 . Final judgments in any circuit court may be brought by 
writ of error into the supreme court, or directly into the court 
of errors and appeals. 

Refer to paragraph two of this section. 

SECTION VI 

Court of. 1. There shall be no more than five judges of the inferior court 
of common pleas in each of the counties in this State, after the 
terms of the judges of said court now in office shall terminate. 
One judge for each county shall be appointed every year, and 
no more, except to fill vacancies, which shall be for the unex¬ 
pired term only. 

This court holds three stated terms each year 
and special terms at the order of the Supreme Court. 
Its jurisdiction is extensive, since it involves nearly 
all personal actions, changing the name of a town 
in the county, or of any person on his request, cases 
relating to insolvency, roads, or wrecks, as well as 
applications for exemptions from military duty. It 
decides suits against constables who neglect to 
execute warrants, grants licenses, and tries cases re¬ 
ferred to it by the Circuit Court, and certifies the 
same to the Supreme Court. 


CONSTITUTION OF THE STATE OF NEW JERSEY 95 


The justice of the Supreme Court, holding the 
Circuit Court within the county, is ex-officio judge 
of the Court of Common Pleas. 

2. The commissions for the first appointment of judges of said 
court shall bear date and take effect on the first day of April 
next; and all subsequent commissions for judges of said court 
shall bear date and take effect on the first day of April in every 
successive year, except commissions to fill vacancies, which shall 
bear date and take effect when issued. 

The judges of this court are commissioned to take 
office the first day of April. 

SECTION VII 

1. There may be elected under this constitution two, and not 
more than five, justices of the peace in each of the townships 
of the several counties of this State, and in each of the wards, 
in cities that may vote in wards. When a township or ward 
contains two thousand inhabitants or less, it may have two 
justices; when it contains more than two thousand inhabitants, 
and not more than four thousand, it may have four justices; and 
when it contains more than four thousand inhabitants, it may 
have five justices; provided, that whenever any township not 
voting in wards contains more than seven thousand inhabitants, 
such township may have an additional justice for each additional 
three thousand inhabitants above four thousand. 

The justices of the peace are elected as indicated 
in this paragraph. They have charge of the lowest 
courts with common law and criminal jurisdiction. 
This court is limited to cases involving less than 
two hundred dollars, and an appeal can be made 
from its decisions to the Court of Quarter Sessions. 

Cases such as arise in connection with the enforce- 


Judges 

Commis¬ 

sioned. 


Justices 
of the 
Peace. 


96 CONSTITUTION OF THE STATE OF NEW JERSEY 


Census, 


Militia. 


Officers. 

Field 

Officers. 

Brig¬ 

adiers. 

Major- 

Generals 

and 

Others. 


ment of traffic laws under the Motor Vehicle Act 
and preservation of game under the Fish and Game 
Act are brought before a justice of the peace for 

ecision. « 

2. The population of the townships in the several counties of 
the State and of the several wards shall be asceitained by the 
last preceding census of the United States, until the legislature 
shall provide, by law, some other mode of ascertaining it. 

This paragraph makes the last federal census the 
basis for interpreting this section. 

ARTICLE VII 

MILITARY 
SECTION I 

1. The legislature shall provide by law for enrolling, organ¬ 
izing, and arming the militia. 

This paragraph provides for a militia to keep 
peace within the state and to protect the lives and 
property of its citizens. 

2. Captains, subalterns and non-commissioned officers shall be 
elected by the members of their respective companies. 

3. Field officers of regiments, independent battalions and 
squadrons shall be elected by the commissioned officers of their 
respective regiments, battalions or squadrons. 

4. Brigadier-generals shall be elected by the field officers of 
their respective brigades. 

5. Major-generals, the adjutant-general and quartermaster- 
general shall be nominated by the governor, and appointed by 
him, with the advice and consent of the senate. 

6. The legislature shall provide, by law, the time and manner 
of electing militia officers, and of certifying their elections to 


CONSTITUTION OF THE STATE OF NEW JERSEY 97 

the governor, who shall grant their commissions, and determine 
their rank, when not determined by law; and no commissioned 
officer shall be removed from office but by the sentence of a 
court-martial, pursuant to law. 

7. In case the electors of subalterns, captains or field officers 
shall refuse or neglect to make such elections, the governor shall 
have power to appoint such officers, and to fill all vacancies 
caused by such refusal or neglect. 

8. Brigade inspectors shall be chosen by the field officers of 
their respective brigades. 

9. The governor shall appoint all militia officers whose appoint¬ 
ment is not otherwise provided for in this constitution. 

10. Major-generals, brigadier-generals and commanding offi¬ 
cers of regiments, independent battalions and squadrons shall 
appoint the staff officers of their divisions, brigades, regiments, 
independent battalions and squadrons, respectively. 


The above paragraphs outline the organization of 
the state military forces. They list the various offi¬ 
cers and indicate methods of selection. 

You will note that the provisions guard against 
the possibility of military control and are represen¬ 
tative of the people’s desires. We could hardly ex¬ 
pect more in a democratic form of state government 
where the exercise of military duties is sometimes 
necessary for the general welfare of its citizens. 

SECTION II 

1. Justices of the supreme court, chancellor, judges of the 
court of errors and appeals and judges of the inferior court of 
common pleas shall be nominated by the governor, and appointed 
by him, with the advice and consent of the senate. 

The justices of the supreme court and the chancellor shall 
hold their offices for the term of seven years, shall, at stated 
times, receive for their services a compensation which shall not 
be diminished during the term of their appointments; and they 


Commis¬ 
sions ; 
Removals. 

Vacancies; 

How 

Filled. 

Inspectors. 

Other 

Officers. 

Staff 

Officers. 


Justices; 

Chancellor 

and 

Judges. 


98 CONSTITUTION OF THE STATE OF NEW JERSEY 


Judges of 
Pleas. 


Treasurer, 

Comp¬ 

troller. 


shall hold no other office under the government of this State 
or of the United States. 

The judicial department of the state should be 
safeguarded from interference above all other de¬ 
partments. The judges constituting this depart¬ 
ment are delegated to actually interpret and apply 
the law in the various situations that arise. 

The governor nominates and appoints the judges 
mentioned, but the confirmation of the senate is 
necessary. These judges hold office for a term of 
seven years which, as you know, is much longer than 
the governor’s term of office. 

2 . Judges of the courts of common pleas shall be appointed 
by the senate and general assembly in joint meeting. 1 

In this paragraph we have another method of 
the administration of justice in the courts. This 
time the term is for five years and the judges are 
appointed by the two houses in joint session. 

3. The state treasurer and comptroller shall be appointed by 
the senate and general assembly, in joint meeting. 

They shall hold their offices for three years, and until their 
successors shall be qualified into office. 

1 This provision that the judges of the courts of common pleas 
shall be appointed by the senate and general assembly in joint 
meeting, which was in the Constitution as ratified in 1844, and 
never since formally expunged, is disregarded because of the 
amendment made in 1875 in paragraph one of this section, which 
provides, inter alia, that judges of the inferior courts of common 
pleas shall be nominated by the governor, and appointed by 
him, with the advice and consent of the senate. 

They shall hold their offices for five years; but when ap¬ 
pointed to fill vacancies, they shall hold for the unexpired term 
only. 



CONSTITUTION OF THE STATE OF NEW JERSEY 99 

The direct representatives elected by the people 
to both houses select the officers intrusted with the 
funds of the state in joint session. The term is the 
same as that of the governor. The offices so ap¬ 
pointed should be persons of integrity, business 
training, and experience. 


4. The attorney-general, prosecutors of the pleas, clerk of the 
supreme court, clerk of the court of chancery, secretary of state 
and the keeper of the state prison shall be nominated by the 
governor, and appointed by him, with the advice and consent of 
the senate. 

They shall hold their offices for five years . 

The attorney-general is the legal advisor of the 
governor and head of the state legal department. 

All the officers listed in this paragraph are ap¬ 
pointed by the governor when confirmed by the 
senate for a period of five years. 

5 . The law reporter shall be appointed by the justices of the 
supreme court, or a majority of them; and the chancery re¬ 
porter shall be appointed by the chancellor. 

They shall hold their offices for five years. 

The work of a reporter is so closely related to the 
work of the officers mentioned that they should be 
given the power of selection. This plan enables the 
people to hold an officer responsible for the efficiency 
of his department. 

6 . Clerks and surrogates of counties shall be elected by the 
people of their respective counties, at the annual elections for 
members of the general assembly. 

They shall hold their offices for five years. 


Attorney- 

General 

and 

Others. 


Reporters. 


Clerks; 

Surro¬ 

gates. 


Sheriffs 

and 

Coroners. 


Election of 
Justices; 
Commis¬ 
sions. 


100 CONSTITUTION OF THE STATE OF NEW JERSEY 

Counties are given the power to elect their own 
officers for a term of five years although they are 
constitutional officers. 

“Surrogates” are court officers dealing with the 
probating or proving of wills and the settlement of 
estates. 

7. Sheriffs and coroners shall be elected by the people of their 
respective counties, at the elections for members of the general 
assembly, and they shall hold their offices for three years, after 
which three years must elapse before they can be again capable 
of serving. Sheriffs shall annually renew their bonds. 

Sheriffs and coroners are also elected by the people 
in their respective counties at the time of general 
assembly elections and for a period of three years. 

A sheriff is a bonded executive officer of the 
county. He is a “court messenger,” carries out the 
order of the judges, and keeps peace in the county. 

If a person is found dead under suspicious circum¬ 
stances, the coroner conducts an investigation to 
determine the cause of death. If evidence of crime 
is disclosed, an effort is made to place the blame 
for the crime by other officers. 

The two offices are perhaps the oldest in the en¬ 
tire country and date back to the English “shire 
reeve” and “crowner,” the king’s personal represen¬ 
tative in the shire, or county. 

8 . Justices of the peace shall be elected by ballot at the annual 
meetings of the townships in the several counties of the State, 
and of the wards in cities that may vote in wards, in such man¬ 
ner and under such regulations as may be hereafter provided 
by law. 


CONSTITUTION OF THE STATE OF NEW JERSEY 101 


They shall be commissioned for the county, and their com¬ 
missions shall bear date and take effect on the first day of May 
next after their election. 

They shall hold their offices for five years; but when elected 
to fill vacancies, they shall hold for the unexpired term only; 
provided, that the commission of any justice of the peace shall 
become vacant upon his ceasing to reside in the township in 
which he was elected. 

The first election for justices of the peace shall take place at 
the next annual town meetings of the townships in the several 
counties of the State, and of the wards in cities that may vote 
in wards. 

The jurisdiction of a justice of peace is limited 
to petty, civil, and criminal cases. 

He settles questions in dispute brought before him 
and administers other judicial duties of a lesser 
nature. He is elected by ballot for a term of five 
years. TJie “commission” is a document over the 
governor’s signature conferring authority to carry 
out the duties of the office. 

9. All other officers, whose appointments are not otherwise 
provided for by law, shall be nominated by the governor, and 
appointed by him, with the advice and consent of the senate; 
and shall hold their offices for the time prescribed by. law. 

This paragraph gives the governor power with 
the consent of the senate to appoint other officers, 
as the need may arise. 

10. All civil officers elected or appointed pursuant to the 
provisions of this constitution, shall be commissioned by the 
governor. 

The right to grant commissions enables the gover¬ 
nor to exercise his power of authority over civil offi- 


App oint¬ 
ment of 
Other 
Officers. 


Authority 
to Com¬ 
mission. 


102 CONSTITUTION OF THE STATE OF NEW JERSEY 


Terms of 
Office. 


Auditor. 


State 

Seal. 

To What 

Documents 

Affixed. 


cers of the state. The document also enables the 
officer to verify his authority. 

11. The term of office of all officers elected or appointed, pur¬ 
suant to the provisions of this constitution, except when herein 
otherwise directed, shall commence on the day of the date of 
their respective commissions; but no commission for any office 
shall bear date prior to the expiration of the term of the incum¬ 
bent of said office. 

A commissioned officer cannot exercise the author¬ 
ity of his office unless his commission is in force. 

ARTICLE VIII 

STATE SEAL 

1. The secretary of state shall be ex-officio an auditor of the 
accounts of the treasurer, and as such, it shall be his duty to 
assist the legislature in the annual examination and settlement 
of said accounts, until otherwise provided by law. 

Auditors are authorized persons who examine 
the books and records and verify the accounts and 
claims against the state. 

The secretary of state is required to assist the 
legislature in auditing the balance sheet submitted 
annually. Ex officio means by right or virtue o'f his 
office but without other special authority. 

2. The seal of the state shall be kept by the governor or per¬ 
son administering the government, and used by him officially, 
and shall be called the great seal of the State of New Jersey. 
(See front cover.) 

3. All grants and commissions shall be in the name and by 
the authority of the State of New Jersey, sealed with the great 
seal, signed by the governor, or person administering the gov- 


CONSTITUTION OF THE STATE OF NEW JERSEY 103 


eminent, and countersigned by the secretary of state ,and it 

shall run thus: “The State of New Jersey to -, 

greeting.” All writs shall be in the name of the State; and all 
indictments shall conclude in the following manner, viz.: “against 
the peace of this State, the government and dignity of the 
same.” 

The above paragraph lists the documents that 
must have an imprint of the state seal by its proper 
officer. All such documents must be signed by the 
governor, the chief executive officer of the state, and 
the secretary of state, the custodian of the great seal. 

f 

4. This constitution shall take effect and go into operation on 
the second day of September, in the year of our Lord one thou¬ 
sand eight hundred and forty-four. 

This paragraph puts the present constitution in 
effect and renders inoperative the First Constitution 
adopted July 2, 1776. 


ARTICLE IX 

AMENDMENTS 

Any specific amendment or amendments to the constitution 
may be proposed in the senate or general assembly, and if the 
same shall be agreed to by a majority of the members elected to 
each of the two houses, such proposed amendment or amend¬ 
ments shall be entered on their journals, with the yeas and nays 
taken thereon, and referred to the legislature then next to be 
chosen, and shall be published for three months previous to 
making such choice, in at least one newspaper of each county, if 
any be published therein; and if in the legislature next chosen as 
aforesaid, such proposed amendment or amendments, or any of 
them, shall be agreed to by a majority of all the members elected 


In Force 
September 
2,1844. 


How the 
Constitu¬ 
tion 
Can Be 
Amended. 







The Capitol Building at Trenton 












CONSTITUTION OF THE STATE OF NEW JERSEY 105 

to each house, then it shall be the duty of the legislature to sub¬ 
mit such proposed amendment or amendments, or such of them 
as may have been agreed to as aforesaid by the two legislatures, 
to the people, in such manner and at such time, at least four 
months after the adjournment of the legislature, as the legis¬ 
lature shall prescribe; and if the people at a special election to 
be held for that purpose only, shall approve and ratify such 
amendment or amendments, or any of them, by a majority of 
the electors qualified to vote for members of the legislature 
voting thereon, such amendment or amendments so approved 
and ratified shall become part of the constitution; provided, 
that if more than one amendment be submitted, they shall be 
submitted in such manner and form that the people may vote 
for or against each amendment separately and distinctly; but no 
amendment or amendments shall be submitted to the people by 
the legislature oftener than once in five years. 

Recognizing the fact that a constitution must be 
safe from temporary conditions, the makers were 
wise in making the constitution difficult to amend. 

Amendments can be proposed in either house. 
A proposed amendment must pass both houses by 
a majority vote. It is then published as required 
and submitted after the next election for further 
action to the reorganized senate and general as¬ 
sembly. If passed again by a majority vote of the 
members of both houses, the legislature shall set 
a time for a special election for this purpose only, 
within four months after its adjournment. At the 
election, so called, they shall submit the proposed 
amendment to the people for popular vote. 

If more than one amendment is submitted to the 
voters at the same election, the legislature must 
provide ways and means for the voters to approve 
or disapprove each separately and distinctly. 


Schedule 
for the 
Change 
from Gov¬ 
ernment 
Under the 
Constitu¬ 
tion of 
1776 to 
This Con¬ 
stitution. 


106 CONSTITUTION OF THE STATE OF NEW JERSEY 

If the voters express themselves at the polls as 
favoring the amendment as proposed, acted upon 
by the legislatures, and submitted to vote, it be¬ 
comes part of the constitution. Such an election 
can be held only once in five years. 


ARTICLE X 

SCHEDULE. 

That no inconvenience may arise from the change in the 
constitution of this State, and in order to carry the same into 
complete operation, it is hereby declared and ordained, that— 

1 # The common law and statute laws now in force, not repug¬ 
nant to this constitution, shall remain in force until they expire 
by their own limitation, or be altered or repealed by the legisla¬ 
ture; and all writs, actions, causes of action, prosecutions, con¬ 
tracts, claims and rights of individuals and of bodies corporate, 
and of the State, and all charters of incorporation, shall continue, 
and all indictments which shall have been found, or which may 
hereafter be found, for any crime or offense committed before 
the adoption of this constitution, may be proceeded upon as if no 
change had taken place. The several courts of law and equity, 
except as herein otherwise provided, shall continue with the like 
powers and jurisdiction as if this constitution had not been 
adopted. 

2. All officers now filling any office or appointment shall con¬ 
tinue in the exercise of the duties thereof, according to their re¬ 
spective commissions or appointments, unless by this constitution 
it is otherwise directed. 

3. The present governor, chancellor and ordinary or surrogate- 
general and treasurer shall continue in office until successors 
elected or appointed under this constitution shall be sworn or 
affirmed into office. 

4. In case of the death, resignation or disability of the present 
governor, the person who may be vice-president of council at the 
time of the adoption of this constitution shall continue in office 



CONSTITUTION OF THE STATE OF NEW JERSEY 107 

and administer the government until a governor shall have been 
elected and sworn or affirmed into office under this constitution. 

5. The present governor, or in case of his death or inability to 
act, the vice-president of council, together with the present mem¬ 
bers of the legislative council and secretary of state, shall con¬ 
stitute a board of state canvassers, in the manner now provided 
by law, for the purpose of ascertaining and declaring the result 
of the next ensuing election for governor, members of the house 
of representatives, and electors of president and vice-president. 

6. The returns of the votes for governor, at the said next, 
ensuing election, shall be transmitted to the secretary of state, 
the votes counted, and the election declared in the manner now- 
provided by law in the case of the election of electors of presi¬ 
dent and vice-president. 

7. The election of clerks and surrogates, in those counties 
where the term of office of the present incumbent shall expire, 
previous to the general election o£ eighteen hundred and forty-, 
five, shall be held at the general election next ensuing the adop-, 
tion of this constitution; the result of which election shall be 
ascertained in the manner now provided by law for the election 
of sheriffs. 

8. The elections for the year eighteen hundred and forty-four- 
shall take place as now provided by law. 

9. It shall be the duty of the governor to fill all vacancies, 
in office happening between the adoption of this constitution 
and the first session of the senate, and not otherwise provided^ 
for, and the commissions shall expire at the end of the first ses-. 
sion of the senate, or when successors shall be elected or ap-. 
pointed and qualified. 

10. The restriction of the pay of members of the legislature,, 
after forty days from the commencement of the session, shall 
not be applied to the first legislature convened under this con¬ 
stitution. 

11. Clerks of counties shall be clerks of the inferior courts of 
common pleas and quarter sessions of the several counties, and 
perform the duties, and be subject to the regulations now re-s 
quired of them by law until otherwise ordained by the legislature 

12. The legislature shall pass all laws necessary to, carry intoi 
effect the provisions of this constitution. 



108 CONSTITUTION OF THE STATE OF NEW JERSEY 

This entire article is a precautionary measure in 
order to avoid confusion in changing from the first 
constitution to this constitution. 

Care is taken to provide for every emergency, so 
that the change in the plan of government will 
not impair the rights of any citizens of the state. 

The last clause is perhaps the most important be¬ 
cause of its provision for the future. 

This can be truly called the “elastic clause” of 
your constitution. 

.State of New Jersey: 

I, George Wurts, Secretary of State of the State of New 
Jersey, do hereby certify the foregoing to be a true copy of the 
Constitution of the State of New Jersey as amended, as the 
same is taken from and compared with the original Constitution 
and amendments thereto, now remaining on file in my office. 

In testimony whereof, I have hereunto set my hand 
[L. S.] and affixed my official seal, this twenty-sixth day of 
October, A. D. eighteen hundred and ninety-seven. 

GEORGE WURTS. 



OUTLINE OF THE CONSTITUTION 

OF THE 

STATE OF NEW JERSEY 
Preamble 

The Reasons and Intent of the Makers. 

ARTICLE I. 

Rights and Privileges. 

Defines individual rights and privileges; provides for religious 
freedom; prohibits establishment of a state church; grants 
freedom of speech and protection against unreasonable searches; 
guarantees and regulates trial by jury; habeas corpus not to be 
suspended; acquitted persons not to be retried for same offence; 
defines treason; prohibits excessive bail; private property not 
to be taken for public use without compensation; prohibits im¬ 
prisonment for debt; guarantees rights of assemblage; prohibits 
appropriations for use of private corporations, associations or 
individuals. 

ARTICLE II. 

Right of Suffrage. 

1. Who entitled to. 

2. Disfranchisement for bribery. 


ARTICLE III. 

Distribution of Powers of Government. 

1. Legislative, executive and judicial; powers of one depart¬ 
ment not to be exercised by any person or persons belonging to 
either of the other departments. 

109 


110 CONSTITUTION OF THE STATE OF NEW JERSEY 

ARTICLE IV. 

Legislative. 

1. (1) Legislative powers vested in senate and general assem¬ 
bly; (2) qualifications of legislative members; (3) when to be 
elected. 

2. (1) Number and term of senators; (2) vacancies filled for 
unexpired term. 

3. Number of assembly members; apportionment do counties. 

4. (1) Writs of election to fill vacancies in legislature; (2) 
each house judge of qualifications and election of its own mem¬ 
bers; quorum; adjournment; absent members; (3) each house 
to choose own officers; (4) each house to keep journal; yea and 
nay vote; (5) one house may not adjourn for more than three 
days; (6) bills and joint resolutions to be read three times; vote 
necessary to pass; (7) compensation of members; (8) members 
privileged from arrest in certain cases; not accountable elsewhere 
for speeches in legislature. 

5. Restrictions as to legislators holding other offices or other 
officers serving in legislature. 

6. Raising revenue; appropriations; state debt. 

7. Limitations and prohibitions as to laws that may be en¬ 
acted form of enactment; school fund; special legislation; taxa¬ 
tion of property. 

8. Oaths of legislators. 

ARTICLE V. 

Executive. 

1. Governor to have executive power. 

2. Election of governor. 

3. Governor: term; not to succeed self; limitation as to ap¬ 
pointments by. 

4. Qualifications of governor. 

5. Compensation of governor. 

6. Governor commander-in-chief state’s militia and naval 
forces; may convene legislature, commission officers recommend 
legislation. 

7. Veto of bills by governor; procedure. 

8. Governor not to hold other office. 

9. Governor may grant reprieves. 



CONSTITUTION OF THE STATE OF NEW JERSEY 111 

10. Governor and others may grant pardons. 

11. Governor and civil officers may be impeached. 

12-14. Vacancy in governorship; successor (acting governor) in 
case of vacancy. 

ARTICLE VI. 

Judiciary. 

1. Defines different courts. 

2. Court of errors; how constituted, terms and compensation, 

3. Oburt of Impeachment; powers and procedure. 

4. Court of chancery. 

5. Supreme and circuit courts. 

6. Common # pleas court. 

7. Justices of the peace. 

ARTICLE VII. 

Appointing Power and Tenure of Office. 

1. Militia officers; (1) legislature to provide for organizing 
militia; (2-10) militia officers and how chosen. 

2. Civil officers and their terms and manner of appointment. 

ARTICLE VIII. 

General Provisions. 

Auditing treasurer’s accounts; state seal; form of grants; com¬ 
missions, writs and indictments; when constitution effective. 

ARTICLE IX. 

Amendments. 

Manner and time of making amendments to constitution and 
restriction as to frequency of proposing amendments. 

ARTICLE X. 

Schedule. 

Makes provision for contingencies at time of and immediately 
following constitution going into effect. 





HAS 




Pfifl 




? * • a i «inii>ii~ ""if 




Betsy Ross Making the First Flag 









FULL HONORS TO OUR FLAG 

Realizing the need for an authentic code of flag 
etiquette, representatives of sixty-eight patriotic 
organizations met in Washington, D.C., at the re¬ 
quest of the American Legion. The code drafted 
by that conference is printed here through courtesy 
of the American Legion Weekly. While the rules 
adopted by the conference have no official govern¬ 
ment sanction, nevertheless they represent the 
authoritative opinion of the principal patriotic 
bodies of the United States and of Army and Navy 
experts, and are binding on all of the organizations 
which took part in the gathering. They are being 
followed now by 113 patriotic organizations. The 
rules as given below are from the final corrected 
draft of the code as brought out of the conference. 

The Flag of the United States of America has 
thirteen horizontal stripes—seven red and six white, 
the red and white stripes alternating—and a union 
which consists of white stars of five points on a blue 
field placed in the upper quarter next the staff and 
extending to the lower edge of the fourth red stripe 
from the top. The number of stars is the same as 

113 


Descrip¬ 
tion of 
the Flag. 


Code 
of the 
Flag. 


114 OUR FLAG 

the number of states in the Union. The canton or 
union now contains forty-eight stars arranged in 
six horizontal and eight vertical rows, each star with 
one point upward. On the admission of a state 
into the Union a star will be added to the union of 
the Flag, and such addition will take effect on the 
July fourth next succeeding such admission. 

The proportions of the Flag as prescribed by Ex¬ 
ecutive Order of President Taft, October 29, 1912, 
are as follows: 


Hoist (width) of flag. 1. 

Fly (length) of flag. 1.9 

Hoist (width) of union. 7/13 

Fly (length) of union. 0.76 

Width of each stripe. 1/13 

Diameter of each star.0616 


There are certain fundamental rules of heraldry 
which, if understood generally, would indicate the 
proper method of displaying the flag. The matter 
becomes a very simple one if it is kept in mind that 
the National Flag represents the living country and 
is itself considered as a living thing. The union 
of the flag is the honor point; the right arm is the 
sword arm, and therefore the point of danger and 
hence the place of honor. 

1. The Flag should be displayed only from sun¬ 
rise to sunset, or between such hours as may be 
designated by proper authority. It should be 
hoisted briskly but should be lowered slowly and 








OUR FLAG 


115 


ceremoniously. The Flag should be displayed on 
all national and state holidays and on historic and 
special occasions. 

2. When carried in a procession with another flag 
or flags, the Flag of the United States of America 
should be either on the marching right— i.e., the 
Flag’s own right—or, when there is a line of other 
flags, the Flag of the United States of America may 
be in front of the center of that line. 

3. When displayed with another flag against a 
wall from crossed staffs, the Flag of the United 
States of America should be on the right—the Flag’s 
own right—and its staff should be in front of the 
staff of the other flag. 

4. When a number of flags of states or cities or 
pennants of societies are grouped and displayed 
from staffs with the Flag of the United States of 
America, the latter should be at the center or at 
the highest point of the group. 

5. When flags of states or cities or pennants of 
societies are flown on the same halyard with the 
Flag of the United States of America, the latter 
should always be at the peak. When flown from 
adjacent staffs the Flag of the United States of 
America should be hoisted first and lowered last. 
No such flag or pennant, flown in the former po¬ 
sition, should be placed above, or, in the latter 
position, to the right of the Flag of the United 
States of America; i.e., to the observer’s left. 

6. When flags of two or more nations are dis¬ 
played, they should be flown from separate staffs 


116 


OUR FLAG 


of the same height and the flags should be of ap¬ 
proximately equal size. International usage forbids 
the display of the flag of one nation above that of 
another nation in time of peace. 

7. When the Flag is displayed from a staff pro¬ 
jecting horizontally or at an angle from the window 
sill, balcony, or front of building, the union of the 
Flag should go clear to the peak of the staff unless 
the Flag is at half staff. When the Flag is sus¬ 
pended over a sidewalk from a rope, extending from 
a house to a pole at the edge of the sidewalk, the 
Flag should be hoisted out from the building toward 
the pole, union first. 

8. When the Flag is displayed in a manner other 
than by being flown from a staff it should be dis¬ 
played flat, whether indoors or out. When dis¬ 
played either horizontally or vertically against a 
wall, the union should be uppermost and to the 
Flag’s own right; i.e., to the observer’s left. When 
displayed in a window it should be displayed the 
same way—with the union or blue field to the left 
of the observer in the street. When festoons, ro¬ 
settes, or drapings are desired, bunting of blue, 
white, and red should be used, but never the Flag. 

9. When displayed over the middle of the street, 
the Flag should be suspended vertically with the 
union to the north in an east and west street, or 
to the east in a north and south street. 

10. When used on a speaker’s platform, the Flag, 
if displayed flat, should be displayed above and 
behind the speaker. If flown from a staff, it should 


OUR FLAG 


117 

be in the position of honor, at the speaker's right. 
It should never be used to cover the speaker's desk 
or to drape over the front of the platform. 

11. When used in connection with the unveiling 
of a statue or monument, the Flag should form a 
distinctive feature during the ceremony, but the 
Flag itself should never be used as the covering for 
the statue. 

12. When flown at half-staff, the Flag should be 
hoisted to the peak for an instant and then lowered 
to the half-staff position; but before lowering the 
Flag for the day it should be raised again to the 
peak. By half-staff is meant hauling down the flag 
to one half the distance between the top and the 
bottom of the staff. If local conditions require, 
divergence from this position is permissible. On 
Memorial Day, May 30, the Flag is displayed at 
half-staff from sunrise until noon and at full staff 
from noon until sunset, for the nation lives, and 
the Flag is the symbol of the living nation. 

13. Flags flown from fixed staffs are placed at 
half-staff to indicate mourning. When the Flag is 
displayed on a small staff, as when carried in a 
parade, mourning is indicated by attaching two 
streamers of black crepe to the spearhead, allowing 
the streamers to fall naturally. Crepe is used on 
the flagstaff only by order of the President. 

14. When used to cover a casket, the Flag should 
be placed so that the union is at the head and over 
the left shoulder. The Flag should not be lowered 


118 


OUR FLAG 


into the grave or allowed to touch the ground. The 
casket should be carried foot first. 

15. When the Flag is displayed in the body of the 
church it should be from a staff placed in the po¬ 
sition of honor—at the congregation's right as they 
face the clergyman. The service flag, the state flag, 
or other flag should be at the left of the congrega¬ 
tion. If in the chancel or on the platform, the Flag 
of the United States of America should be placed at 
the clergyman’s right as he faces the congregation, 
and the other flags at his left. 

16. When the Flag is in such a condition that it 
is no longer a fitting emblem for display, it should 
not be cast aside or used in any way that might be 
viewed as disrespectful to the national colors, but 
should be destroyed as a whole, privately, prefer¬ 
ably by burning or by some other method in har¬ 
mony with the reverence and respect we owe to the 
emblem representing our country. 

CAUTIONS 

1. Do not permit disrespect to be shown to the 
Flag of the United States of America. 

2. Do not dip the Flag of the United States of 
America to any person or any thing. The regimen¬ 
tal colors, state flag, organization or institutional 
flag will render this honor. 

3. Do not display the Flag with the union down 
except as a signal of distress. 

4. Do not place any other flag or pennant above 


OUR FLAG 119 

or, if on the same level, to the right of the Flag of 
the United States of America. 

5. Do not let the Flag touch the ground or the 
floor or trail in the water. 

6. Do not place any object or emblem of any kind 
on or above the Flag of the United States of 
America. 

7. Do not use the Flag as drapery in any form 
whatsoever. Use bunting of blue, white, and red. 

8. Do not fasten the Flag in such manner as will 
permit it to be easily torn. 

9. Do not drape the Flag over the hood, top, sides 
or back of a vehicle, or of a railway train or boat. 
When the Flag is displayed on a motor car, the staff 
should be affixed firmly to the chassis, or clamped 
to the radiator cap. 

10. Do not display the Flag on a float in a parade 
except from the staff. 

11. Do not use the Flag as a covering for a 
ceiling. 

12. Do not carry the Flag flat or horizontally, but 
always aloft and free. 

13. Do not use the Flag as a portion of a costume 
or of an athletic uniform. Do not embroider it on 
cushions or handkerchiefs, or print it on paper nap¬ 
kins or boxes. 

14. Do not put lettering of any kind on the Flag. 

15. Do not use the Flag in any form of advertis¬ 
ing or fasten an advertising sign to a pole from 
which the Flag is flown. 

16. Do not display, use, or store the Flag in such 


120 


OUR FLAG 


Salute 
to the 
Flag. 


Pledge 
to the 
Flag. 


a manner as will permit it to be easily soiled or 
damaged. 


PROPER USE OF BUNTING 

Bunting of blue, white, and red should be used for 
covering a speaker’s desk, draping over the front of 
a platform and for decoration in general. Bunting 
should be arranged with the blue above, the white 
in the middle, and the red below. 

During the ceremony of hoisting or lowering the 
Flag or when the Flag is passing in a parade or in a 
review, all persons present should face the Flag, 
stand at attention, and salute. Those present in 
uniform should render the right hand salute. When 
not in uniform, men should remove the headdress 
with the right hand and hold it at the left shoulder, 
the hand being over the heart. Women should 
salute by placing the right hand over the heart. 
The salute to the Flag in a moving column is ren¬ 
dered at the moment the Flag passes. 

In pledging allegiance to the Flag of the United 
States of America, the approved practice in schools, 
which is suitable also for civilian adults, is as fol¬ 
lows: 

Standing with the right hand over the heart, all 
repeat together the following pledge: 

“I pledge allegiance to the Flag of the United 
States of America and to the Republic for which it 


OUR FLAG 121 

stands; one nation indivisible, with liberty and jus¬ 
tice for all.” 

At the words “to the Flag” the right hand is 
extended, palm upward, toward the Flag, and this 
position is held until the end, when the hand, after 
the words “justice for all,” drops to the side. 

However, civilian adults will always show full 
respect to the Flag when the pledge is being given 
by merely standing at attention, men removing the 
headdress. Persons in uniform should render the 
right hand salute. 

When the national anthem is played and the Flag 
is not displayed, all present should stand and face 
toward the music. Those in uniform should salute 
at the first note of the anthem, retaining this po¬ 
sition until the last note. All others should stand 
at attention, men removing the headdress. When 
the Flag is displayed, the regular “salute to the 
Flag” should be given. 

“The Star Spangled Banner” is recommended for 
universal recognition as the national anthem. 

The shield of the United States of America has 
thirteen vertical stripes—seven white and six red— 
with a blue chief without stars. 

There is but one Federal statute which protects 
the Flag throughout the country from desecration. 
This law provides that a trademark cannot be reg¬ 
istered which consists of or comprises, among other 


Salute to 
National 
Anthem. 


The 

Shield. 


Federal 

Flag 

Laws. 


OUR FLAG 


122 

things, “the Flag, coat of arms, or other insignia of 
the United States or any simulation thereof” (33 
Stat. L., p. 725, February 20, 1905). Congress has 
also enacted legislation providing certain penalties 
for the desecration, mutilation, or improper use of 
the Flag in the District of Columbia (39 Stat. L., 
p. 900, February 8, 1917). 



















